Offc Action Outgoing

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  76/507616

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

No Conflicting Marks Noted

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 §704.01.

 

Indefinite Identification

The identification of goods is unacceptable as indefinite.  The applicant may adopt the following identification, if accurate:

 

Diagnostic preparations for medical use, namely, diagnostic preparations to measure blood coagulations; in International Class 5.

 

Medical apparatus and instruments to measure blood coagulation; measuring and diagnostic apparatus for measuring blood coagulation; in International 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.

 

Perfection of Foreign Basis

The applicant has filed asserting a bona fide intention to use the mark in commerce under Trademark Act Section 1(b), 15 U.S.C. §1051(b), and claiming priority under Section 44(d), 15 U.S.C. §1126(d), based on a foreign application.  When an application is filed pursuant to Section 44(d), this Office presumes, unless otherwise indicated, that the applicant intends to rely upon the resulting foreign registration as a basis for registration in the U.S. TMEP §§806.02(f) and 1003.03.  Under such circumstances, the application may not be approved for publication until a certification or certified copy of the foreign registration and, if appropriate, an English translation have been filed.  It is customary for the translator to sign the translation.

 

If the applicant wishes to proceed relying on its intent to use the mark in commerce as the sole basis for registration, the applicant may instruct the examining attorney to approve the case for publication based solely on the Section 1(b) basis.  If the applicant does so, the applicant retains its priority claim under Section 44(d).  TMEP §§806.02(f) and 806.04(b).  Of course, although the application may be approved for publication, the mark will not be registered until an acceptable allegation of use has been filed.

 

Significance of the Proposed Mark

The applicant must indicate whether  TEM  has any significance in the relevant trade or in relation to applicant’s goods.  37 C.F.R. §2.61(b).

 

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.  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.

 

In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number.

 

 

 

/Yong Oh (Richard) Kim/

Trademark Examining Attorney

Law Office 115

(703) 308-9115  ext. 434

ecom115@uspto.gov

 

 

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.