UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.  A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

 

 

ISSUE/MAILING DATE: 7/3/2017

 

 

THIS IS A FINAL ACTION

 

This final refusal addresses issued raised in the applicant’s response to office action dated May 4, 2017.

 

The likelihood of confusion refusal is withdrawn.  The applicant’s fees have been credited.  The applicant’s adoption of a Section 44 basis is accepted.  The refusal to register, however, is continued and made final because aspects of the identification of goods and services remain vague.  Details are set forth below:

 

Identification of Goods and Services

 

The identification of goods is indefinite and must be clarified because some items are classified incorrectly while others require additional clarification.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may adopt the following identification, if accurate: 

 

            Class 7

 

The wording “and facilities” must be deleted.  No facilities belong in Class 7.  The applicant may adopt:

 

Milling machines; milling cutters; 3D-printers; 3D-printer for the production of dental parts; 3D-printer for the production of dental prosthetic parts and denture bases; air suction machines, namely, suction equipment for dental laboratories for dust suctioning during the production of dental technology products.

 

            Class 9

 

The clarifications set forth below are required.  Further, “laboratory furnaces” belong in this class.

 

Computers and data processing devices for use in dental technology and dental medicine; CAD-CAM software for the design and manufacture of dental restorations; data processing apparatus; software for use in 3D printing of dental devices; software for use in SLS laser sintering devices; software for use in oral scanner devices; software to use for storing dental digital data; software for use in transferring dental digital data; software for use in controlling dental CAD Computer Aided Design devices; software for use in controlling dental CAM Computer Aided Manufacturing processes; computer software for designing and modeling dental implants, dental crowns and dental bridges, as well as for planning surgical, medical and orthopedic operations; CAD/CAM software for use in dentistry; lasers for industrial use, namely, laser ablation machinery; laser ablation machinery for the production of dental parts; laser ablation machinery for the production of dental prosthetic parts and denture bases; and laboratory furnaces.

 

            Class 10

 

Dental restorations, namely, artificial teeth, dental crowns, dental bridges, dental bars for implant purposes, dental abutments, dental spacers for implant purposes, dental prostheses, dental implants, namely, superstructures, protective caps for teeth and structural parts therefor; surgical apparatus and instruments for medical and dental use; orthodontic appliances; medical and dental apparatus for dimensional measurement, namely, 3D scanner for human body; dental apparatus, namely, intra-oral light systems; ultrasound scanner for use in dental prosthetic procedures, ultrasound scanner for use in dental procedures.

 

            Class 11

 

“Laboratory furnaces” must be deleted.  These goods belong in Class 9. 

 

Heating furnaces; sintering furnaces; melting furnaces.

 

Class 40

 

This class is acceptable as written.

 

            Class 41

 

This class is acceptable as written.

 

            Class 44

 

This class is acceptable as written.

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

Responding to a Final Refusal

 

Applicant must respond within six months of the date of issuance of this final Office action or the goods and services to which the final requirement apply will be deleted from the application by Examiner’s Amendment.  37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).

 

The application will then proceed for the remaining goods and services. 

 

Applicant may respond by providing one or both of the following:

 

(1)        a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or

 

(2)        an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.

 

37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.

 

In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues.  TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters).  There is a fee required for filing a petition.  37 C.F.R. §2.6(a)(15).

 

 

/Doritt Carroll/

Trademark Examining Attorney, Law Office 116

doritt.carroll@uspto.gov

phone:  571-272-9138

fax:       571-273-9138

 

TO RESPOND TO THIS LETTER:  Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

 

All informal e-mail communications relevant to this application will be placed in the official application record.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 7/3/2017 FOR U.S. APPLICATION SERIAL NO. 76719765

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 7/3/2017 (or sooner if specified in the Office action).  A response transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the response period.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.