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  76/514111

 

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 section 1105.01.

 

Identification of Goods

The identification of goods is unacceptable as indefinite because the applicant must indicate the application for the goods.  The applicant may adopt the following identification, if accurate:  

 

          “Diagnostic preparations in kit form (specify, e.g., for scientific or research use)” in Class 1;

 

         “Diagnostic products in kit form for (specify, e.g., scientific) testing” in Class 1; and/or

 

“Diagnostic reagents and diagnostic reagents derived from blood for analytical, scientific and industrial use” in Class 1; and/or

 

“Diagnostic assay preparations for scientific, industrial and research purposes” in Class 1; and/or

“Diagnostic reagents, derived from blood or in vitro culture (specify, e.g., medical, clinical or medical laboratory use)” in Class 5; and/or

“Diagnostic reagents for medical use” in Class 5; and/or

“Chemical reagents for medical diagnosis and analysis” in Class 5; and/or

“Diagnostic assay preparations and substances for clinical and medical use” in Class 5; and/or

“Diagnostic reagents for testing blood and body samples in a clinical or medical laboratory application)” in Class 5; and/or

“Diagnostic reagents for control of in vitro diagnostic tests (specify, clinical or medical laboratory application)” in Class 5; and/or

“Pharmaceutical and medicinal preparations (specify, e.g., anticoagulants)” in Class 5; and/or

“Vaccines for human use” in Class 5; and/or

“Substances for human use (provide common commercial name)” in Class 5.

 

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(b); 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.

 

TMEP section 804.

 

Significance of Wording

The applicant must indicate whether the wording QUANT-RHO has any significance in the relevant trade or industry or as applied to the goods.  37 C.F.R. Section 2.61(b).

 

Status Information

Current status and status date information is available, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system.  The information may be accessed by calling (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven‑digit registration number or eight‑digit application number, followed by the "#" symbol, after the welcoming message and tone.  Callers may request information for up to five registration number or application number records per call.  Additional information is available via our website at www.uspto.gov.

 

 

 

 

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

 

 

/Paula Mahoney/

Examining Attorney

paula.mahoney@uspto.gov

Law Office 113

Phone:  703-308-9113 x 279

Fax:      703-746-8113

 

 

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.