To: | Mallinckrodt Inc. (ustrademarks@senniger.com) |
Subject: | TRADEMARK APPLICATION NO. 77013608 - ACCULINK - MALL 2324 |
Sent: | 5/31/2007 11:29:52 AM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/013608
APPLICANT: Mallinckrodt Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ACCULINK
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CORRESPONDENT’S REFERENCE/DOCKET NO: MALL 2324
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 77/013608
The Office has reassigned this application to the undersigned trademark examining attorney.
This letter responds to applicant’s communication filed on May 10, 2007.
The applicant has (1) submitted an amended identification of goods and (2) argued against the refusal pursuant to Section 2(d). The amended identification of goods raises a new issue requiring consideration.
The refusal based on Section 2(d) is maintained and CONTINUED.
The proposed amendment to the identification cannot be accepted because the wording "controller area network (CAN) interfaces of medical fluid injectors" refers to goods that are not within the scope of the identification that was set forth in the application at the time of filing. Specifically, the applicant applied to register the proposed mark for “medical fluid injectors equipped with controller area network (CAN) interfaces.” The original identification clearly indicates that “medical fluid injectors” are the goods for which the applicant has applied. The amended identification indicates that the applicant is applying to register the mark for “controller area network interfaces.” The fact that the controller area network interfaces are to be used in medical fluid injectors does not change the fact that the identification has been amended from the medical fluid injectors to a component of said injectors.
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.
Applicant’s Response
Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.
The Trademark Applications and Registrations Retrieval (TARR) database on the USPTO website at http://tarr.uspto.gov provides detailed, up to the minute information about the status and prosecution history of trademark applications and registrations. The TARR database is available 24 hours a day, 7 days a week. Status and status date information is also available via push-button telephone at (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday.
/Michael J. Souders/
Trademark Examining Attorney
Law Office 115
(571) 272-9483
NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS: In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the actual Office action to the applicant. Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with a link/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at http://portal.gov.uspto.report/external/portal/tow. The Office action will not be attached to the e-mail notice. Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address. TDR is available 24 hours a day, seven days a week, including holidays and weekends. This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments.
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.