UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/402515
MARK: SIMPACT
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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: Appollonia LLC
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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.
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
NO CONFLICTING REGISTERED MARK NOTED
POTENTIAL CITATION OF PRIOR-FILED APPLICATION
If applicant believes there is no potential conflict between this application and the earlier-filed application, then applicant may present arguments relevant to the issue in a response to this Office action. The election not to submit arguments at this time in no way limits applicant’s right to address this issue at a later point.
IDENTIFICATION OF GOODS AND SERVICES
The wording “MATERIAL FOR ODONTOLOGICAL AND DENTAL IMPLANT SYSTEMS” in the identification of goods is indefinite and must be clarified because it is not sufficiently specific. See TMEP §1402.01. Applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, applicant must describe the product and its intended uses. See id. Applicant may adopt the following identification of goods, if accurate:
Dental composite materials, in International Class 5.
Dental implants, in International Class 10.
The wording “PORCELAIN […] AND CERAMIC BIOCOMPATIBLE MATERIAL, ALL FOR DENTAL PURPOSES” in the identification of goods must be clarified because it is too broad and could include goods in other international classes. See TMEP §§1402.01, 1402.03. Applicant may adopt the following identification of goods, if accurate:
Dental ceramics, namely, porcelain and ceramic biocompatible material, in International Class 5.
Ceramic alloy used in dental crowns, namely, porcelain and ceramic biocompatible material, in International Class 10.
For kits consisting of a group of items that share a common theme, the identification should specify the theme followed by the word “comprising” and a list of the items that make up the kit, setting forth the most dominant items first. Generally, the international class of the kit will be determined by the international class of the majority of items in the kit. For example, “nail care kits comprising nail polish, emery boards, cotton balls for cosmetic purposes and nail clippers” are in International Class 3 because this is the international class of a majority of the items (with the only item not in International Class 3 being “nail clippers,” which is in International Class 8).
If no items in a shared-theme kit are more dominant than any other item, the international class for the kit itself will be determined by the first-listed item after the wording “comprising.” For example, “baking kits comprising baking pan and cake mix” are in International Class 21 (the class for “baking pans”), and “baking kits comprising cake mix and baking pan” are in International Class 30 (the class for “cake mixes”).
For kits that make a particular product, the identification must specify the product being made using the following format: “kits for making [specify item].” Generally, the international class for this type of kit will be determined by the international class of the product being made. For example, “kits for making bird feeders” are in International Class 21 (the class for “bird feeders”), and “kits for making clocks” are in International Class 14 (the class for “clocks”).
An exception to the above guidelines is kits identified as “hobby craft kits,” which are classified in International Class 28 regardless of the items comprising the kit or the product made by the kit. An identification for these kits must either list the items in the kit after the word “comprising” (e.g., “hobby craft kits comprising wood panels, paint, paintbrushes, nails) or specify the product being made (e.g., “hobby craft kits for making bird feeders”).
The wording “PROSTHETIC COMPONENTS” in the identification of goods is indefinite and must be clarified because it is not sufficient specific. See TMEP §1402.01. In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant uses indefinite words such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” or “products,” such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names. See TMEP §§1402.01, 1402.03(a). Applicant may adopt the following identification of goods, if accurate:
Prosthetic and filling materials, namely, artificial materials for use in the replacement of teeth, in International Class 10.
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. See TMEP §1402.04.
/Maria-Victoria Suarez/
Trademark Attorney
Law Office 102
571-272-9264
maria-victoria.suarez@uspto.gov
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.