UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/562035
APPLICANT: Ares Trading S.A.
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*76562035*
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CORRESPONDENT ADDRESS: PETER S. SLOANE OSTROLENK, FABER, GERB & SOFFEN, LLP 1180 AVENUE OF THE AMERICAS NEW YORK, NEW YORK 10036-8403
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: GONAL-F
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CORRESPONDENT’S REFERENCE/DOCKET NO: T/717-244 [I
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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PRIORITY ACTION
OFFICE SEARCH: 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 704.02.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/562035
The following issues were discussed in communication with Peter S. Sloane on June 25, 2004.
OWNERSHIP OF PRIOR REGISTRATIONS
If applicant is the owner of U.S. Registration Nos. 2814935, 2501025 and 1772761, then applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:
Applicant is the owner of U.S. Registration Nos. 2814935, 2501025 and 1772761.
IDENTIFICATION/CLASSIFICATION OF GOODS – INTERNATIONAL CLASS 10
The identification/classification of goods is unacceptable as indefinite because as worded, the exact nature of the goods is unclear. Specifically, the applicant must clarify what it means by “injectors” by their common commercial name.
The applicant may adopt the following identification, if accurate:
“Medical devices, namely, pen injectors and needles for medical use,” in International Class 10.
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. For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.
It is noted that the applicant’s identification of goods for International Class 5 is accepted and is entered as submitted.
Howard Smiga /HS/
Trademark Examining Attorney
Law Office 102
(703) 308-9102, x197
(703) 746-8102 Fax
Howard.Smiga@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.
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