UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/454517

 

The examining attorney acknowledges receipt of the applicant’s response dated February 12, 2003 and states as follows:

 

Identification of Goods

The amended identification is unacceptable as indefinite because of the wording “optical instruments.”  The applicant was previously advised that in the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases.  If the applicant chooses to use indefinite terms, such as “accessories,” “components,” “devices,” “equipment,” “instruments,” “materials,” “parts,” “systems” and “products,” then those words must be followed by the word “namely” and the goods listed by their common commercial names.  TMEP §§1402.01 and 1402.03(a).

 

The applicant may wish to consult the Trademark Manual of Identification of Goods and Services accessible through the Office homepage at www.uspto.gov. The Manual provides complete information concerning acceptable wording in the identification of goods and recitation of services as well as the appropriate classifications.

 

 

The applicant may adopt the following, if accurate:

 

• Optical instruments for locating the optical center of ophthalmic lenses in the diagnosis of medical diseases and medical disposables, namely, transparent disposable biologic sample containers for medical waste used in the human medicine and veterinary fields. (Class 10).

 

TMEP §1402.01.

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.  The requirement for proper amendment to the identification is made FINAL.

 

Other Issues

The examining attorney acknowledges that the applicant has properly addressed the other issues raised in the Office action dated February 6, 2003 except for those raised in this action.

 

Applicant's Response

Please note that the only appropriate response to a final action refusal is either: (1) complying with the outstanding requirements, if feasible, or (2) filing an appeal with the Trademark Trial and Appeal Board.  37 C.F.R. Section 2.64(a).  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. Section 2.65(a).

 

 

                                                                                    /Linda M. Estrada/

                                                                            Trademark Attorney, Law Office 105

     U.S. Patent & Trademark Office

     (703) 308-9105, ext. 242

     (703) 872-9825 Fax

E-mail responses to:ecom105@uspto.gov

 

Fee increase effective January 1, 2003

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 for classes added on or after January 1, 2003.

 

 

 

 

 

 

 

 

 

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.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.