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  76/517724

 

Dear Applicant and/or Applicant’s Representative:

 

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

 

No Conflicting Marks

 

After searching the Office database, the examining attorney found no similar pending or registered marks which would bar registration under the Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP 1105.01.

 

Wording in the Identification of Goods must be Amended

 

The wording “bronchial cleaner which, by soundwaves, makes the bronchi vibrate by sympathy and releases the respiratory tract of its viscous mucus” in the identification of goods is unacceptable as indefinite because that the goods are medical devices.  This information is necessary for accurate classification of the goods.  The applicant may amend this wording to “medical devices, namely, bronchial cleaner which, by soundwaves, makes the bronchi vibrate by sympathy and releases the respiratory tract of its viscous mucus,” in International Class 10, if accurate.  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.

 

Classification must be Corrected

 

The applicant has classified the goods incorrectly.  The applicant must amend the application to classify the goods in International Class 10.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401.02(a) and 1401.03(b).

 

Response Guidelines

 

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.  The applicant must sign the response.  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.

 

/Pamela Y. Willis/

Trademark Attorney

Law Office 106

703-308-9106 ext. 126

703-746-8106 (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.

 

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.