UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/441763
APPLICANT: National Marrow Donor Program
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CORRESPONDENT ADDRESS: JULIE FINCH HINSHAW & CULBERTSON 3100 PIPER JAFFRAY TOWER 222 SOUTH NINTH STREET MINNEAPOLIS MINNESOTA 55402 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom107@uspto.gov
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MARK: CHTC
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CORRESPONDENT’S REFERENCE/DOCKET NO: 816323
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/441763
The assigned examining attorney has reviewed the referenced application and determined the following:
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The applicant must indicate the date the application declaration was signed. TMEP §804.01(b).
The applicant has classified the services ambiguously. The applicant lists both class 042 and class B in the application. The certification of services is categorized in class B. The applicant must amend the application to classify the services in International Class B if the applicant seeks registration for a certification mark. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).
The applicant must provide a certification clause stating what the mark is intended to certify. The application must contain a statement of the characteristic, standard, or other feature that is intended to be certified by the mark. The statement may begin with the wording, “The certification mark, as intended to be used by authorized persons, is intended to certify . . . .” See 37 C.F.R. §2.45.
All of the characteristics or features that the mark certifies should be included. A mark does not have to be limited to certifying a single characteristic or feature. TMEP §1306.06(g)(i).
If accurate, the applicant may state: “The certification mark, as intended to be used by authorized persons, is intended to certify that the person using the mark has successfully satisfied specific levels of education, experience, and knowledge in the field of hematology as established by the certifier.”
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class.
A Final Rule amending the Rules of Practice in Trademark Cases to provide for this fee increase was published in the Federal Register on November 27, 2002 (67 Fed. Reg. 70,847 (2002)). http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2002/02-30086.htm.
/Robert H. Coggins/
Attorney-Advisor
Law Office 107
U.S. Patent and Trademark Office
ecom107@uspto.gov
703-308-9107 ext. 111
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.