To: | Sagent Holding Co. (docketing@mbhb.com) |
Subject: | TRADEMARK APPLICATION NO. 77256745 - SSS - 07-753 |
Sent: | 11/27/2007 11:55:26 AM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/256745
MARK: SSS
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Sagent Holding Co.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 11/27/2007
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
The wording in the identification of goods needs clarification because the nature of some goods is unclear. Applicant must amend the identification of goods to specify the common commercial or generic name for the goods. If there is no common commercial or generic name for the product, then applicant must describe the product and intended consumer as well as its main purpose and intended uses. TMEP §1402.01.
Applicant may adopt the following identification of goods, if accurate:
Class 5: Pharmaceuticals, namely alkalizing agents, analgesics and anesthetics, antacids, anticholinergics, antihistamines, anti-infectives, anti-inflammatory agents, anticonvulsants, antidotes, antiemetics, antipsychotics, anxiolytics, blood modifiers, bronchodialators, cardiovasculars, diuretics, hormones, diluents, electrolytes, vitamins, oncolytics, immunosuppressive agents, transplantation agents, imaging agents, vascular targeting agents, syringes sold filled with [indicate pharmaceutical contained in syringe], safety syringe devices namely, [indicate type of devices], and sensitizing agents for chemotherapy-resistant tumors; pharmaceuticals for treatment of cancer; pharmaceuticals to treat vascular diseases; drug delivery systems composed of [indicate, e.g., nanoparticles, polymer based injectable pharmaceuticals] sold as an integral component of drugs; injectable drugs and therapeutic solutions for the treatment of cancer and vascular diseases in the form of prefilled IV bags as a unit, sold separately or with devices for intravenous administration, namely transfer pins, vials, needles, and adaptors.
For assistance with identifying and classifying 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.
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.
/Michele-Lynn Swain/
Examining Attorney, LO 116
(PH) 571-272-9232
(FX) 571-273-9116
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office action should be filed using the form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.