UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/531804
APPLICANT: I.D.M.S., L.L.C.
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CORRESPONDENT ADDRESS: BENJAMIN APPELBAUM ATTORNEY AT LAW 27 BENNINGTON DR FLANDERS NJ 07836-9756
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom111@uspto.gov
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MARK: I.D.M.S.
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CORRESPONDENT’S REFERENCE/DOCKET NO: ABRA/0503
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 76/531804
The assigned examining attorney has reviewed the referenced application and determined the following.
The identification of goods must be slightly amended to clarify the nature of the applicant’s goods. Specifically, the examining attorney cannot determine whether the wording “depth stop/indicator devices” is intended to identify indicator devices that provide depth-stop levels; or whether the slash mark between “depth stop” and “indicator” is intended to separate these terms and thus identify devices that both provide depth-stop information as well as performing other “indicator” functions that have not been specified.
If the first of these two possibilities was intended, then the applicant may simply amend this portion of the identification to read as follows:
Depth-stop indicator devices for use on dental, medical and surgical drills, in Class 10
On the other hand, if the devices function as more than depth-stop indicators, then the applicant must amend the identification to more clearly describe all of the “indicator” functions performed by the devices.
Please note, however, 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 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.
It appears from the specimen submitted with the application that the letters in the mark stand for “Implant Drill Measurement Stops.” The applicant must confirm that this is the case, and the applicant must also provide additional information as to whether the abbrevation I. D. M. S. (or IDMS) is a recognized abbreviation in the applicant’s industry in connection with the identified goods. 37 C.F.R. §2.61(b).
The applicant has submitted a specimen in the nature of a single sheet showing the mark used with color-coded references to various drill measurement stops. However, the examining attorney is uncertain as to whether this sheet is part of an instruction manual for the goods, part of the packaging for the goods, or some other type of specimen.
Accordingly, the applicant must clarify the nature of the specimen so that the examining attorney may determine whether the specimen is acceptable to show trademark use in connection with the identified goods. It is noted in this regard that examples of acceptable specimens for goods are tags, labels, instruction manuals, containers or photographs that show the mark on the goods or packaging. TMEP §904.04 et seq.
If the applicant chooses to respond to this issue by also submitting an additional specimen showing use of the mark in commerce, then the applicant must also verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce at least as early as the filing date of the application. Jim Dandy Co. v. Siler City Mills, Inc., 209 USPQ 764 (TTAB 1981); 37 C.F.R. §2.59(a); TMEP §904.09.
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.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Elizabeth A. Hughitt/
Examining Attorney
Law Office 111
(703) 308-9111 x 250
ecom111@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.