UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/550978
APPLICANT: Qualia Computing, Inc.
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CORRESPONDENT ADDRESS: TODD E. STOCKWELL STOCKWELL & ASSOCIATES, PSC 861 CORPORATE DRIVE, SUITE 201 LEXINGTON, KENTUCKY 40503
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: WE NEVER STOP LOOKING
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CORRESPONDENT’S REFERENCE/DOCKET NO: 991-015
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 76/550978
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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. §1052(d). TMEP §704.02.
The applicant must respond to the following informalities.
The wording in the identification of goods and services is unacceptable as indefinite because it includes terms which require further specification. The application seems to identify goods and services because the identification states: “PROCESSES FOR DETECTING, DIAGNOSING, AND TREATING DISEASE,” however, the wording is indefinite. Therefore, the applicant must clearly specify the goods and/or services and classify them properly. The applicant may amend this wording to the following, if accurate. TMEP section 1402.01 and 1402.11
Class 10 - MEDICAL APPARATUS, NAMELY [applicant must specifically identify the “DEVICES, PRODUCTS,” e.g., chemiluminescent light for use in endoscopic exams] [applicant must clearly identify the “PROCESSES” as goods or reclassify the processes as services and specifically identify what the processes are.] FOR DETECTING, DIAGNOSING, AND TREATING DISEASE
In the identification, the applicant must use the common commercial names for the goods and services, be as complete and specific as possible and avoid the use of indefinite words and phrases. If the applicant chooses to use indefinite terms, such as "accessories," "components," "devices," "equipment," "materials," "parts," "systems" and "products," then those words must be followed by the word "namely" and the goods listed by their common commercial names. For services, the applicant may not include broad wording such as "services in connection with..." or "such as" or "including" or "and like services" or "systems" or "products" or "concepts" or "not limited to...." TMEP sections 1402.01, 1402.03(a), and 1402.11.
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 or services that are not within the scope of the goods and services recited in the present identification.
Combined/Multiple Class Application
The application identifies goods and services that may be classified in several international classes. Therefore, the applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es). 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01.
Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date. 37 C.F.R. §2.6(a)(1).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Andrea D. Saunders/
Trademark Attorney
Law Office 108
703-308-9108 x229
703-746-8108 (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 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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.