To: | Bracco Diagnostics Inc. (matm@kramerlevin.com) |
Subject: | TRADEMARK APPLICATION NO. 76624398 - CPR CARDIOGEN-82® PET RESOURCE KIT - 3102/11 |
Sent: | 2/27/2006 8:12:43 AM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/624398
APPLICANT: Bracco Diagnostics Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: CPR CARDIOGEN-82® PET RESOURCE KIT
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CORRESPONDENT’S REFERENCE/DOCKET NO: 3102/11
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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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.
Serial Number 76/624398
This letter responds to the applicant's communication filed on 1/26/06. The applicant (1) stated that CPR has no meaning relating to its goods, (2) submitted a substitute drawing, and (3) amended the identification of goods. Nos. 1 and 2 are acceptable.
Identification of Goods
The wording “training materials” in the amended identification of goods needs clarification because it is too broad and could include goods classified in other international classes. TMEP §§1402.01 and 1402.03. The applicant may adopt the following identification of goods, if accurate:
Medical resource kits consisting primarily of training materials, namely, ____(list, i.e., training manuals and brochures, implantable radiation therapy devices consisting of http://atlas/netacgi/ - h0http://atlas/netacgi/ - h2radioactive seeds and a bioabsorbable carrier assembly, etc.) in the field of radio-pharmaceuticals.
The classification of the goods is determined by the dominant goods in the kit. Printed matter is in Class 16. The implantable radiation therapy devices listed above in are in Class 10. If they are sold together as a unit, the applicant should state “sold together as a unit” at the end of the identification of goods, and the correct classification would be Class 10. The items listed above a merely suggestions, as it is unclear what the materials actually are.
The decision as to the proper classification of goods or services is a purely administrative matter which is within the sole discretion of the Patent and Trademark Office. In re Tee‑Pak, Inc., 164 USPQ 88 (TTAB 1969).
For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
This requirement is continued and made FINAL.
Applicant’s Response
If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Esther A. Belenker/
Trademark Examining Attorney
Law Office 111
Tel: 571/272-9125
Fax: 571/273-9125
HOW TO RESPOND TO THIS OFFICE ACTION:
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
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.