UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/580183
APPLICANT: REPRO-MED SYSTEMS, INC.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: FULL STOP PROTECTION
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CORRESPONDENT’S REFERENCE/DOCKET NO: P-1040-50
CORRESPONDENT EMAIL ADDRESS: |
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 76/580183
TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
The assigned examining attorney has reviewed the referenced application and determined the following.
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 mark appears to identify a component of the final product, namely an overflow filter valve feature, rather than the final product itself. If this is true, the applicant must amend the identification of goods to identify the component by its purpose or function and to describe it as “sold as an integral component of aspiration suction pumps.” TMEP §1402.05(a). The proper international class is that of the final product. The applicant must amend the international class, if appropriate.
The applicant may adopt the following identification of goods, if accurate: “overflow filter valves sold as an integral component of aspiration suction pumps in International Class 10.”
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.
DISCLAIMER
The applicant must disclaim the descriptive wording “PROTECTION” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.02(a). The wording is merely descriptive because it indicates a feature of the goods, namely that they provide protection to the user from overflow of the suction pump canister. Please see the enclosed copies of product advertising and reviews of the applicant’s RES-Q-VAC® aspiration pump featuring “FULL STOP PROTECTION.”
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP section 1213.09(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use “PROTECTION” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).
The applicant has submitted a typed drawing. As of November 2, 2003, the Office accepts either standard character drawings or special form drawings. It is therefore presumed that the applicant wishes to register a standard character drawing. See Examination Guide 1-03 (IA7). The applicant must submit the following standard character claim: “The mark is presented in standard characters without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Jennifer Chicoski
Jennifer D. Chicoski
Trademark Examining Attorney
Law Office 115
703-308-9115 x117
703-872-9208 FAX
jennifer.chicoski@uspto.gov
How to respond to this Office Action:
You may respond using the Office's Trademark Electronic Application System (TEAS) (visit http://www.gov.uspto.report/teas/index.html and follow the instructions therein), but you must wait until at least 72 hours after receipt of the e-mailed office action. PLEASE NOTE: For those with applications filed pursuant to Section 66(a) of the Trademark Act, all responses to Office actions that include amendments to the identifications of goods and/or services must be filed on paper, using regular mail (or hand delivery) to submit such response. TEAS cannot be used under these circumstances. If the response does not include an amendment to the goods and/or services, then TEAS can be used to respond to the Office action.
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.
NOTICE: TRADEMARK OPERATION TO RELOCATE OFFICES IN OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov. To reach the assigned attorney by telephone after October 21, 2004, please call (571) 272 - 9142. Thank you.