UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/463353
APPLICANT: Ellman International, Inc.
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CORRESPONDENT ADDRESS: JACK OISHER 200 HIGH POINT DR SUITE PH-2 HARTSDALE NY 10530-1137
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom115@uspto.gov
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MARK: COOLSURG
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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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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 wording in the identification of goods unacceptable as indefinite. The applicant must amend the recitation to specify the common commercial name of the goods or to indicate their nature. TMEP §1402.11. The applicant may adopt the following identification of goods, if accurate:
Electrosurgical instruments, namely (please state the common commercial name of
the instruments e.g., cutting and coagulation tools, scalpels, catheters, probes, etc.)
and electrodes for use therewith for use in medical and dental surgery, in International
Class 10
or
Electrosurgical instruments, namely (please state the common commercial name of
the instruments e.g., cutting and coagulation tools, scalpels, catheters, probes, etc.)
and electrodes for use therewith for use in treating (specify the condition or disease
to be treated), in International Class 10
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 services that are not within the scope of the goods and services recited in the present identification.
The applicant may wish to consult the on-line identification of goods and services manual on the Patent & Trademark Office homepage for a listing of acceptable names for goods and/or services. The web site address is as follows:
http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/
Telephone Response
Please note that all of the issues raised can be resolved by telephone. The applicant is encouraged to telephone the examining attorney, instead of submitting a written response, to expedite the application.
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.
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.
For inquiries or questions about this office action, please contact the assigned examining attorney.
Jeffrey S. DeFord
c/o Marc Leipzig
1921Westmoreland Street
McLean, Virginia 22101
USA x 197