Offc Action Outgoing

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.

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 76/632730

This letter responds to the communication filed on October 30, 2006 (hereinafter, “Response”).

The previously issued Final Office Action of April 28, 2006, and all supporting evidence attached thereto, is incorporated by reference herein.

After review of the Response, the following is determined: the deletion of the goods classified in International Class 001 is accepted and will be entered into the record.

New Requirement: DELETE AMENDED IDENTIFICATION OF GOODS

THIS REFUSAL APPLIES ONLY TO THE GOODS CLASSIFIED IN INTERNATIONAL CLASS 010.

The proposed amendment to the identification cannot be accepted because it refers to goods that are not within the scope of the identification that was set forth in the application, as amended on March 28, 2006. While the identification of goods may be amended to clarify or limit the goods, additions to the identification or a broadening of the scope of the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq. and 1402.07. Therefore, this wording should be deleted from the identification.

The examining attorney notes that the proposed amendment adding goods classified in International Class 010 identifies goods deleted from this application on March 28, 2006. Once an application has been amended to expressly delete an identification of goods or services those goods or services may not later be reinstated by amendment. TMEP §1402.06(a).

The stated refusal refers to the following goods and does not bar registration for the other goods: “dental implants, parts, components and spare parts therefor”.

Response

If applicant should fail to respond to this Office action within the six month time limit, then the following goods will be deleted from the application: “dental implants, parts, components and spare parts therefor”. The application will then proceed with the following goods only: “BLOOD PLASMA,” in International Class 005. 37 C.F.R. §2.65(a).

/Kaelie E. Kung/

Trademark Examining Attorney

Law Office 103

571-272-8265

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

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.