To: | SDGI Holdings, Inc. (trademark@medtronic.com) |
Subject: | TRADEMARK APPLICATION NO. 78764706 - BALLAST - T3416 US |
Sent: | 5/22/06 9:10:25 AM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/764706
APPLICANT: SDGI Holdings, 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: BALLAST
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CORRESPONDENT’S REFERENCE/DOCKET NO: T3416 US
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 78/764706
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
Search Results
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 wording used to describe the goods needs clarification because “medical positioning system comprising an inflatable pillow, universal pump and handheld control” is indefinite. It is unclear from this wording as to the basic nature or purpose of applicant’s goods. Applicant must amend the wording to specify the common commercial or generic name for the goods. If there is no common commercial or generic name for the goods, then applicant must describe the nature of the goods as well as their main purpose, channels of trade, and the intended consumer(s).
Applicant may adopt any or all of the following identification of goods, if accurate:
“Medical positioning system for [specify purpose or function, e.g., supporting the broken limbs of patients, ensuring the even flow of intravenous medicine to patients, etc.] comprising an inflatable pillow, universal [specify, e.g., electric, etc.] pump and handheld remote control,” in International Class 10.
TMEP §1402.01.
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.
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.
Requirement for More Information
In order to allow for proper examination of the application, including the final determination of descriptiveness, applicant must submit additional information about the goods. TMEP § 808.01(c). The applicant must provide product information for the goods. This may take the form of a fact sheet, instruction manual, or advertisement. If unavailable, the applicant should submit the information for goods of the same type, explaining how its own product will differ. If the goods feature new technology and no competing goods are available, the applicant must provide a detailed factual description of the goods.
Applicant must also state whether its medical positioning system gives stability to patients, injured limbs, or drug delivery devices.
This information is not readily available to the examining attorney and is pertinent to the descriptiveness determination. Conclusory statements from the applicant or its attorney regarding the descriptiveness standard will not be sufficient to meet this requirement for information.
Trademark Rule 2.61(b) states “The examiner may require the applicant to furnish such information and exhibits as may be reasonably necessary to the proper examination of the application.” The Trademark Trial and Appeal Board has upheld a refusal of registration based on the applicant's failure to provide information requested under this rule. In re Babies Beat Inc., 13 USPQ2d 1729 (TTAB 1990) (failure to submit patent information regarding configuration).
/Carrie Achen/
Examining Attorney
Law Office 115
Phone: (571) 272-8378
Fax: (571) 273-9115
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.