To: | Howmedica Osteonics Corp. (docket@flynnthiel.com) |
Subject: | TRADEMARK APPLICATION NO. 78759526 - RESURGE - 3008.T0248US |
Sent: | 5/19/06 1:27:11 PM |
Sent As: | ECOM101@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/759526
APPLICANT: Howmedica Osteonics Corp.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: RESURGE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 3008.T0248US
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 78/759526
The assigned Examining attorney has reviewed the referenced application and determined the following.
1. Information: No Similar Marks
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The applicant must respond to the following requirements.
2. Requirement: Correct Identification of Goods
The current wording “instrumentation for facilitating the implantation of the joint implants” and “instrumentation for facilitating the implantation of the resurfacing implants” used to describe the goods needs clarification because it does not sufficiently describe the type of instrumentation or instruments. TMEP §1402.01. Applicant may adopt the following identification of goods, if accurate: “electronic instrumentation for facilitating the implantation of the joint implants” and “electronic instrumentation for facilitating the implantation of the resurfacing implants,” in International Class 10; OR “medical instruments for facilitating the implantation of the joint implants” and “medical instruments for facilitating the implantation of the resurfacing implants,” in International Class 10. TMEP §1402.01.
For assistance with identifying 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 and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. 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.
If the applicant agrees with the requirements above and would like to comply via telephone, please call the examining attorney.
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.
/Joanna M. Dukovcic/
Trademark Examining Attorney
Law Office 101
Phone: (571) 272-9707
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.