UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/473340
APPLICANT: SULZER CARBOMEDICS INC.
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CORRESPONDENT ADDRESS: KENNETH S. BARROW CENTERPULSE USA INC. 12 EAST GREENWAY PLAZA, SUITE 1000 HOUSTON TX 77046
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov
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MARK: CARBOMEDICS
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CORRESPONDENT’S REFERENCE/DOCKET NO: CMI-158
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 76/473340
This letter responds to the applicant’s communication filed on September 17, 2003. In its response, applicant provided substitute specimens, which are acceptable.
However, applicant failed to indicate when its original declaration was signed. Accordingly, the examining attorney’s requirement on that issue is maintained and made FINAL.
Applicant must indicate the date on which it signed its declaration (apparently December 9 or December 10, 2002).
Please note that the only appropriate responses to a final action are (1) compliance with the outstanding requirements, if feasible, (2) filing of an appeal to the Trademark Trial and Appeal Board, or (3) filing of a petition to the Director if permitted by 37 C.F.R. §2.63(b). 37 C.F.R. §2.64(a); TMEP §715.01. Regarding petitions to the Director, see 37 C.F.R. §2.146 and TMEP Chapter 1700. 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. §2.65(a).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Marc J. Leipzig/
Trademark Examining Attorney
Law Office 115
(703) 308-9115 x428 (phone)
(703) 746-3036 (fax)
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.