UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/510613
APPLICANT: Medinol Ltd.
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CORRESPONDENT ADDRESS: JOSEPH F. NICHOLSON KENYON & KENYON ONE BROADWAY NEW YORK, NEW YORK 10004
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
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MARK: NOA
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CORRESPONDENT’S REFERENCE/DOCKET NO: 2390/82601
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 76/510613
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 mark which bars registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 1105.01.
The applicant must provide a response resolving the following informalities.
1. IDENTIFICATION OF GOODS -UNACCEPTABLE:
The identification of goods is indefinite because the applicant does not clearly specify the goods that it is providing; the wording “systems” is indefinite. The identification of goods must be specific. The applicant must amend the identification to specify the common commercial name of the goods or to indicate their nature. The identification must be all‑inclusive. The applicant should amend the identification to replace this wording with "namely." The applicant may amend the identification to substitute the following wording, if accurate: “Medical devices, namely, premounted stent systems comprising of [specify the contents of the system],” in International Class 010. 37 C.F.R. Section 2.71(a); TMEP sections 804 and 804.08(c).[1]
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. Section 2.71(a); TMEP section 804.09. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
2. SIGNIFICANCE OF THE MARK:
The applicant must indicate whether NOA has any significance in the relevant trade, any geographical significance or any meaning in a foreign language. 37 C.F.R. Section 2.61(b). If the mark has no significance, the statement may be in the following form:
The wording “NOA” has no meaning other than trademark significance.
3. CLAIMED APPLICATION WILL NOT BE PRINTED:
The applicant's claim of ownership of Application Serial Nos. 76/139,078 and 76/025,684 will not be printed on any registration, which may issue from this application. If the claimed pending application matures into a registration before this application, the applicant may then claim ownership by registration number. 37 C.F.R. Section 2.36; TMEP section 812.
Darryl M. Spruill
Trademark Attorney
Law Office 112
(703) 308-9112, Ext. 203
darryl.spruill@uspto.gov
/Darryl M. Spruill/
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.
[1] Please note that the recommended recitation of services and identification of goods is not exhaustive. The applicant is directed to the Office’s searchable database of the Manual of Acceptable Identifications of Goods and Services. The address for this is: http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.