UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/618953
APPLICANT: C. R. BARD, INC.
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CORRESPONDENT ADDRESS: OBLON, SPIVAK, MCCLELLAND, MAIER
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Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: PUZZLE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 261254US35
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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PRIORITY ACTION
RESPONSE TIME LIMIT: To avoid abandonment, the Office must receive a proper response to this Office action within six-months of the mailing or e-mailing date. If applicant responds to the issues below within two months of the above mailing or e-mailing date, this case will be given priority handling. TMEP §708.01.
MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
QUESTIONS: Please contact the assigned trademark examining attorney with any questions.
Serial Number 76/618953
The following were discussed in communication with attorney of record on August 29, 2006. Applicant must respond to each refusal and/or requirement raised below.
Based on the specimen submitted with the Statement of Use, it appears the mark is not actually used on medical stents, parts and fittings therefor. The marks is used on a specific feature or component of the medical stents. Therefore, the applicant must do one of the following:
1) Amend the identification to accurately reflect the nature of the goods, e.g. “Markers that are an integral component of medical stents.” OR
2) Submit substitute specimen showing use of the mark with medical stents, and/or parts or fittings therefor (note: parts and fittings are items that are separable from the stents)
If the applicant submits a substitute specimen, it must also submit a statement that “the substitute specimen was in use in commerce prior to the expiration of the time allowed applicant for filing a statement of use,” verified with an affidavit or a signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(b)(2); TMEP §§904.09 and 1109.09(b).
/Jean H. Im/
Trademark Attorney
Law Office 101
571-272-9303
HOW TO RESPOND TO THIS OFFICE ACTION:
· ONLINE RESPONSE: You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html. If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS. NOTE: Do not respond by e-mail. THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
· REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name. NOTE: The filing date of the response will be the date of receipt in the Office, not the postmarked date. To ensure your response is timely, use a certificate of mailing. 37 C.F.R. §2.197.
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm