UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/505333
APPLICANT: Cervitech, Inc.
|
|
|
CORRESPONDENT ADDRESS: EDWARD A. MEILMAN DICKSTEIN SHAPIRO MORIN & OSHINSKY LLP 1177 AVENUE OF THE AMERICAS - 41ST FL NEW YORK, NEW YORK 10036-2714
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom105@uspto.gov
|
|
MARK: CERVITECH
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
|
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.
|
Serial Number 76/505333
The assigned examining attorney has reviewed the referenced application and determined the following.
CLASSIFICATION AND IDENTIFICATION OF GOODS AND SERVICES
The application clearly identifies goods and services that may be classified in several international classes. Therefore, the applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid (applicant has paid for one class), or (2) pay the required fee for each additional class(es). 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) 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. 37 C.F.R. §2.6(a)(1).
As to the class 9 goods, the identification is acceptable.
As to class 10, the applicant must specify the “surgical, instruments and apparatus,” by their common commercial names. The “implants” could identify goods in different classes, surgical implants comprising living tissue are in class 5; surgical implants composed of artificial material is in class 10. The applicant should also indicate the “endoprostheses” are artificial endoprostheses.
In class 16, the “printed matter” must be amended to specify the goods by their common commercial names, i.e. magazines.
The class 42 recitation is also unacceptable. The “design of individual implants” must be clarified to indicate it is “custom design of individual medical implants”. Lastly, the applicant has classified “providing of surgical orthopedic information” in International Class 42. The correct classification is International Class 44. The applicant must either delete the above wording or add International Class 44 to the application. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).
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 or services that are not within the scope of goods or services set forth in the present identification.
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.
FOREIGN REGISTRATION
The applicant must indicate the status of the foreign application. If the foreign application has matured into a registration, the applicant must submit a true copy, a photocopy, a certification, or a certified copy of the foreign registration. If the foreign certificate of registration is not written in English, the applicant must provide an English translation. The translator should sign the translation. See TMEP §§1004.01 and 1004.01(b).
GENERAL INFORMATION
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 704.02.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Karen K. Bush/
Trademark Examining Attorney
Law Office 105
(703) 660-6568 (direct)
(703) 308-9105 ext. 182
fax: 703-872-9145
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.