UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/665957
APPLICANT: Auxilium Holdings, Inc.
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CORRESPONDENT ADDRESS: SCHNADER HARRISON SEGAL & LEWIS LLP |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: XIAFLEX
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CORRESPONDENT’S REFERENCE/DOCKET NO: 0014521-0032
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 76/665957
The assigned examining attorney has reviewed the referenced application and determined the following.
SEARCH RESULTS
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 §704.02.
INFORMALITIES
The applicant must respond to the following informalities.
Identification of Goods/Services
The identification of goods/services is unacceptable in its present form and must be amended to read as follows, if accurate:
“Pharmaceutical preparations for the treatment of {specify disease to be treated}.”
International Class 5.
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. See attached printout for further suggestions. 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/services that are not within the scope of goods/services set forth in the present identification.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid. The fee is $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS) or $375 per international class if filed on paper. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.
The applicant must indicate whether the wording “XIAFLEX” has any significance in the relevant trade or industry or as applied to the goods/services. 37 C.F.R. §2.61(b).
PLEASE NOTE: Applicant is encouraged to telephone or email (Tracy.Cross@uspto.gov) the trademark examining attorney to resolve the issues raised above, if a new class is not being added.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Tracy Cross/
Examining Attorney
Law Office 109
Phone: (571) 272-9271
Fax: (571) 273-9109
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.