UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/517795
APPLICANT: Helena Laboratries Corporation
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CORRESPONDENT ADDRESS: ANN K. FORD PIPER RUDNICK LLP 1200 NINETEENTH STREET, N.W. WASHINGTON, D.C. 20036-2412
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
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MARK: QUICK GEL
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CORRESPONDENT’S REFERENCE/DOCKET NO: 304627-20
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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PRIORITY ACTION
OFFICE SEARCH: 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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/517795
The following issues were discussed in communication with Ann K. Ford on December 10, 2003.
The applicant must insert a disclaimer of GEL in the application. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.08(a)(i).
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use GEL apart from the mark as shown.
Attached is a definition of “gel electrophoresis”: “electrophoresis performed in a gel composed of agarose, polyacrylamide, or starch.” The applicant’s goods are “diagnostic electrophoresis test kits for use in agar or agarose, comprised of a plate with a buffer, stabilizers and/or preservatives, and parts therefore.” It appears that the kits will be suitable for use in connection with gel electrophoresis.
The applicant is expressly required to indicate whether its diagnostic kits will be suitable for use in connection with gel electrophoresis. 37 C.F.R. Section 2.61(b).
/Steven R Fine/
Trademark Attorney
Law Office 110
703-308-9110 ext. 124
ecom110@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