UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/555557
APPLICANT: Ferring B.V.
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CORRESPONDENT ADDRESS: ARNE M. OLSON OLSON & HIERL, LTD. 20 NORTH WACKER DRIVE 36TH FLOOR CHICAGO, ILLINOIS 60606
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: FIRMAGON
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/555557
The assigned examining attorney has reviewed the referenced application and determined the following.
Identification of Goods :
The current wording used to describe the goods needs clarification because applicant must specify the common commercial name of the “products and substances”. Applicant may adopt the following identification of goods, if accurate: “pharmaceutical products and substances, namely [applicant must indicate the common commercial name of the goods].” TMEP §1402.01.
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.
Claim of Prior Registration :
If the applicant is the owner of Registration No. 2793867, the applicant must submit a claim of ownership. 37 C.F.R. Section 2.36; TMEP section 812.
Significance of Mark :
The applicant must indicate whether the wording "FIRMAGON" has any significance in the relevant trade or industry or as applied to the goods. 37 C.F.R. Section 2.61(b).
Fee Increase :
Fee increase effective January 1, 2003. Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
General Information :
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.
/Won T. Oh/
Law Office 114
(703) 308 - 9114 x-176
Fax: 703-746-8114
email: won.oh@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 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.