UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/662930
APPLICANT: JOHNSON & JOHNSON
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: THE DIFFERENCE IS REAL
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/662930
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The identification of goods for International Class 5 is acceptable and remains unchanged.
IDENTIFICATION OF GOODS AND CLASSIFICATION:
The identification of goods is not acceptable because wording is vague and overly broad. In addition, some of the goods may fall in more than one class. Applicant may adopt the following identification of goods, if accurate:
Vision correction lenses, namely, contact lenses; computer software for ______ (the applicant must specify the function of the software, for instance, conducting vision testing and screening for the purpose of vision care and correction, namely, visual acuity, visual field perimetry, contrast sensitivity, and color vision); electronic publications, namely, _____ (the applicant must specify the type of publication, for instance, magazines, books, booklets) in the field of vision care and correction recorded on computer media, in International Class 9.
Publications, namely, _____ (the applicant must specify the type of publication, for instance, magazines, books, booklets) in the field of vision care and correction, in International Class 16.
TMEP § 1402.01.
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
The decision as to the proper classification of goods or services is a purely administrative matter within the sole discretion of the United States 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.
IDENTIFICATION OF SERVICES:
The identification of services for International Class 35 is acceptable and remains unchanged.
The identification of services is not acceptable because wording is vague and overly broad. Applicant may adopt the following identification of services, if accurate:
Educational services, namely, ______ (the applicant must specify the mode of instruction, for instance, seminars, workshops, classes) in the field of vision care and correction, in International Class 41.
Professional services, namely, providing _____ (the applicant must specify the nature of the services, medical services) in the field of vision care and correction, in International Class 44.
TMEP §1402.01.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
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.
INSUFFICIENT FEES:
Applicant must clarify the number of classes for which registration is sought. The submitted filing fees are insufficient to cover all the classes in the application. Specifically, the application identifies goods and/or services that are classified in at least 6 international classes, however applicant paid the fee for only 4 class(es).
Applicant must either: (1) restrict the application to the number of classes covered by the fee already paid, or (2) pay the required fee for each additional class. 37 C.F.R. §2.86(a)(2); TMEP §§810.0l, 1401.04, 1401.04(b) and 1403.01.
The filing fee for adding classes to an application is as follows:
(1) $325 per class, when the fees are submitted with a response filed online via the Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html; and
(2) $375 per class, when the fees are submitted with a paper response.
37 C.F.R. §§2.6(a)(i) and (ii); TMEP §810.
RESPONSE:
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Marlene D. Bell/
Marlene D. Bell
Law Office 105
Trademark Examiner
(571) 272-9291
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