Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

NOTICE OF SUSPENSION

 

ISSUE/MAILING DATE: 12/11/2009

 

 

SUSPENSION PROCEDURE: This suspension notice serves to suspend action on the application for the reason(s) specified below.  No response is needed.  However, if you wish to respond to this notice, you should use the “Response to Letter of Suspension” form found at http://teasroa.gov.uspto.report/rsi/rsi.  The Office will conduct periodic status checks to determine if suspension remains appropriate.

 

 

 

Action on this application is suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from applicant's country of origin.  If the registration is in a foreign language, an English translation must also be submitted.  15 U.S.C. §1126(e); 37 C.F.R. §§2.34(a)(3)(ii); TMEP §§716.02(b), 1004 et seq.  Please note that applicant must notify the examining attorney if the foreign application abandons.

 

The following requirement has been satisfied and is now withdrawn: 1) Disclaimer.

The following requirement is continued and maintained: 1) Identification.

 

Identification

 

The identification requirement is continued.

 

The wording “micro-organisms for laboratory and scientific research use, viruses for laboratory and scientific research use, cell cultures for laboratory and scientific research use, plasmids and cultures of micro-organisms for laboratory and scientific research use, nucleic acid sequences for laboratory and scientific research use, cloning vehicles in the nature of plasmids, microbes and chemical reagents for DNA cloning for laboratory and scientific research use” in the Class 1 identification must be clarified.  Specifically, applicant must indicate the goods are “for in vivo use” in order to ensure that the scope of the original wording is not exceeded – with the original wording for this class of goods having ended with the phrase “all for in-vivo use” in reference to these particular products.

 

The wording “pharmaceutical substances and preparations” and “biochemical and chemical preparations for medical treatment purposes” in the Class 5 identification is indefinite and must be clarified.  Applicant must indicate the specific conditions being treated for its pharmaceutical substances and preparations and its biochemical and chemical preparations. 

 

The wording “pre-filled vials, syringes” in the Class 10 identification must be clarified because it is too broad and could include goods in other international classes.  Pre-filled vials and syringes are typically classified in Class 5, and the substance that is inside the vials and syringes must be specified.  Applicant may also change this wording to “medical syringes” in Class 10. 

 

The wording “biotechnology services, namely, research development for new products in the field of biotechnology” in the Class 42 identification is unclear. Applicant should include the word “and” between “research” and “development.” 

 

The wording “inherited diseases, namely, genetic disorders; hemophilia, cystic fibrosis and Huntingdon's, single gene disorders; bone and blood diseases and reproductive system disorders and contraceptives” in the Class 44 identification is indefinite and must be clarified because it is unclear how this is a service.  Applicant likely inadvertently used semi-colons to separate these particular diseases and disorders from its “advisory services relating to the treatment, relief and/or prevention” services.  Applicant should change the semi-colons to commas in order for these diseases and disorders to be considered part of the advisory services listed at the beginning of the identification.

 

Identifications of goods and/or services can be amended only to clarify or limit the goods and/or services; adding to or broadening the scope of the goods and/or services is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.  Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.

 

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.

 

 

 

 

 

/Tejbir Singh/

Trademark Attorney

Law Office 106

(571) 272-5878

(571) 273-9106 (fax)

 

 

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.

 

                                                                

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION

 

Your trademark application (Serial No. 77673768) has been reviewed.   The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 12/11/2009 to which you must respond (unless the Office letter specifically states that no response is required).  Please follow these steps:

 

1. Read the Office letter by clicking on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77673768&doc_type=SUL&mail_date=20091211 OR go to  http://tmportal.gov.uspto.report/external/portal/tow and enter your serial number to access the Office letter.  If you have difficulty accessing the Office letter, contact TDR@uspto.gov.  

                                         

PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail notification.

 

2. Contact the examining attorney who reviewed your application if you have any questions about the content of the Office letter (contact information appears at the end thereof).

 

3. Respond within 6 months, calculated from 12/11/2009 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you have difficulty using TEAS, contact TEAS@uspto.gov. 

 

ALERT:

 

Failure to file any required response by the applicable deadline will result in the ABANDONMENT (loss) of your application.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.