UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/481062
APPLICANT: Roche Diagnostics Operations, 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: COBAS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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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Serial Number 78/481062
This letter responds to the applicant's communication filed on May 12, 2005. The amended identification of goods remains unclear. Accordingly, this requirement is made FINAL.
IDENTIFICATION OF GOODS
The identification of goods is unacceptable as indefinite because some of the wording is unclear. TMEP section 804. The applicant may adopt the following identification, if accurate.
Laboratory instruments, namely, [indicate specific instruments], for the analysis of chemicals, biochemicals and biological samples for scientific or medical research purposes; dispensers for taking up, treatment, dosage and distribution of receptacles, capillary tubes, cartridges, control solutions, pipettes, buffers and reagents; disposable articles for laboratory instruments, namely, receptacles, cartridges, pipettes and containers; computer hardware and software for use with laboratory instruments, namely, for use in data analysis and database management; downloadable electronic publications in the nature of instruction sheets and instruction manuals in the field of medicine and diagnostics. International Class 9.
Medical and veterinary apparatus in the nature of _________[indicate nature of apparatus] for use in the analysis of chemical, biochemical and biological samples for clinical medical diagnostic purposes; capillary tubes. International Class 10.
The refusal to register is FINAL.
Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. Section 2.64(a). If the applicant fails to respond within six months of the
mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. Section 2.65(a).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Dezmona Mizelle-Howard/
Dezmona J. Mizelle-Howard, Trademark Attorney
United States Patent and Trademark Office
Law Office 110
Dezmona.Mizelle@USPTO.GOV
571.272.9368
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.