UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/625144

 

The assigned examining attorney has reviewed the above-referenced application and determined the following.

 

No Conflicting Marks Noted

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 § 1207.01 et seq.

 

Informality

Although the examining attorney has not refused registration on any substantive basis, the applicant must respond to the following informality.

 

Identification of Goods

The identification of goods is unacceptable as indefinite because the specific nature of “medical apparatus, namely equipment for computer-assisted analysis of abnormalities in medical images and related operating software, sold as a unit” is not clear, e.g., medical apparatus, namely, diagnostic imaging apparatus for computer-assisted analysis of abnormalities in medical images and related operating software, sold as a unit.  The applicant must amend the identification to specify the common commercial name of the goods.  If there is no common commercial name, the applicant must describe the product and its intended uses.  TMEP §1402.01.  The applicant may adopt the following identification, if accurate.  TMEP §1402.01. 

 

Class 10:         Medical apparatus, namely, diagnostic imaging apparatus for computer-assisted analysis of abnormalities in medical images and related operating software, sold as a unit.

 

In addition, the examining attorney strongly recommends that the applicant consult The Acceptable Identification of Goods and Services Manual, available on-line at http://tess2.gov.uspto.report/netahtml/tidm.html .  As set forth in the TMEP, this manual "sets out acceptable language for identifying goods and services of various types."  TMEP § 1402.04.

 

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.

 

PLEASE NOTE:  To expedite the application, the applicant may telephone the examining attorney, instead of submitting a written response.

 

Information for the Applicant

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.

 

In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action.

 

PLEASE NOTE:  Submission of duplicate papers is discouraged because it delays processing.  Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted by fax.  TMEP 702.04(e); Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

/Kelly F. Boulton/

Trademark Attorney

Law Office 102

571-272-9247

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• 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 in your response.

 

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.