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  76/518262

 

This letter responds to applicant’s communication filed on May 6, 2004. 

 

The examining attorney accepts the consent provided by Dr. Reddy. 

 

Identification of Goods

 

International Class 1

 

The goods identified within International Class 1 are accepted by the examining attorney. 

 

International Class 3

 

The goods identified within International Class 3 are accepted by the examining attorney. 

 

 

 

 

International Class 5

 

The wording “Pharmaceutical preparations for use in allergy, diabetes, asthma, osteoporosis, and pain” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “Pharmaceutical preparations for use in the treatment of allergies, diabetes, asthma, osteoporosis, and pain,” if accurate.  TMEP §1402.01.

 

The wording “vasoprotectors” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

The wording “surgicals” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “anesthetic for surgical purposes, surgical bandages, or surgical dressings” if accurate, in Class 5.  However, “surgical blades, surgical caps, and surgical sponges” are International Class 10 goods.  TMEP §1402.01.

 

The wording “labour and delivery management” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

The wording “sleep inducers” in the identification of goods is unacceptable as indefinite.  The applicant may amend this wording to “sleeping pills or sleeping tablets,” if accurate.  TMEP §1402.01.

 

The wording “natural products” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

The wording “dental care” in the identification of goods is unacceptable as indefinite because the type of product must be noted.  The applicant may amend this wording to “dental abrasives,             dental amalgams, dental cement, dental veneers, or dental wax” if accurate, in Class 5.  However, “tooth paste” belongs within International Class 3 goods. TMEP §1402.01.

 

International Class 10

 

The identification of goods needs clarification because applicant uses the wording “including” after the wording “medical instruments.”  The identification of goods must be specific and all-inclusive.  Applicant should amend the identification to replace this wording with "namely."  Therefore, the applicant must amend this language to, “medical instruments, namely, syringes.”  37 C.F.R. §2.71(a); TMEP §§1402.01 and 1402.03(a).

 

The wording “forcep collins” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

The wording “tooth extractor” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

The identification of goods needs clarification because applicant uses the wording “including” after the wording “and instruments/kits relating to the laboratories.”  The identification of goods must be specific and all-inclusive.  Applicant should amend the identification to replace this wording with "namely."  Therefore, the applicant must amend this language to, “medical instruments and kits relating to laboratories, namely.”  37 C.F.R. §2.71(a); TMEP §§1402.01 and 1402.03(a).

 

The applicant has classified “diagnostic apparatus for pregnancy testing” in International Class 10.  The correct classification is International Class 5.  The applicant must delete these goods from the International Class 10 section and add to the International Class 5 section of the application.  37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).

 

The wording “etc.” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.

 

Applicant’s Response

 

Applicant may respond to this final action by either:  (1) submitting a timely response that fully satisfies any outstanding requirements, if feasible; (2) timely filing an appeal of this final action to the Trademark Trial and Appeal Board; or (3) timely filing a petition to the Director if permitted by 37 C.F.R. §2.63(b).  37 C.F.R. §2.64(a); TMEP §715.01.  Regarding petitions to the Director, See 37 C.F.R. §2.146 and TMEP Chapter 1700.

 

If applicant fails to respond within six months of the mailing date of this final action, then the goods to which the final requirements apply will be deleted from the application.  The application will proceed forward for the remaining goods only.  37 C.F.R. §2.65(a).

 

 

 

 

__________________________

/Judy Grundy/

Trademark Examining Attorney

Law Office 106

(703) 308-9106 ext. 296

(703) 746-8106 fax number

http://www.gov.uspto.report/teas/index.html (official responses)

judy.grundy@uspto.gov (non-responsive questions)

 

 

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 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.