UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/551361
APPLICANT: TRANSGENOMIC, INC.
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CORRESPONDENT ADDRESS: ROBERTA S. BREN OBLON, SPIVAK, MCCLELLAND, MAIER 1940 DUKE STREET ALEXANDRIA, VIRGINIA 22314
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: SURVEYOR
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CORRESPONDENT’S REFERENCE/DOCKET NO: 242593US35
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 76/551361
First Action
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.
IDENTIFICATION OF GOODS
The identification of goods is unacceptable as indefinite. The applicant must indicate what the kits are used to detect. The applicant must indicate if the goods are for scientific or research use (class 1) or for clinical or medical laboratory use (class 5).
The applicant may adopt the following:
Class 1: nuclease for scientific or research use; nuclease test kits for detecting mutations in DNA for scientific or research use.
Class 5: nuclease for clinical or medical laboratory use; nuclease test kits for detecting mutations in DNA for clinical or medical laboratory use.
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.
The application identifies goods 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).
/Kim Saito/
Examining Attorney, Law Office 102
703-308-9102 ext. 130
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.