UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/460770
APPLICANT: Coram, Inc.
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CORRESPONDENT ADDRESS: JAMES R. MEYER SCHNADER HARRISON SEGAL & LEWIS LLP 1600 MARKET STREET, SUITE 3600 PHILADELPHIA, PA 19103-7286
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom105@uspto.gov
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MARK: CORAM
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CORRESPONDENT’S REFERENCE/DOCKET NO: 3002511-0001
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 76/460770 CORAM
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. Section 1052(d). TMEP section 1105.01.
The Class 44 recitation is acceptable and made of record. The Class 40 recitation of services is unacceptable as indefinite because it fails to identify the services with enough specificity for the Office to classify them. TMEP section 804. The applicant may adopt any or all of the following recitations, if accurate:
Custom manufacture of pharmaceuticals, namely mixing of pharmaceuticals and nutritional products for hospitals and healthcare facilities in Class 40;
The fact that the applicant supplies its customers with the pharmaceuticals it mixes, is not a separate service for the benefit of others. On the other hand, if the applicant is a supplier or is involved in the procurement of pharmaceuticals for hospitals, then that is a separate service to be identified. If the latter is accurate, the applicant may adopt either of the following recitations.
Procurement, namely, purchasing pharmaceuticals for others in Class 35;
Supplying prescription drugs to health plan participants for the funding organizations in Class 35.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
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 for classes added on or after January 1, 2003.
/Idi Aisha Clarke/
Trademark Attorney
Law Office 105
(703) 308-9105 Ext. 248
Fax: (703) 872-9825
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.