UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

REQUEST FOR RECONSIDERATION GRANTED

 

ISSUE/MAILING DATE: 7/30/2007

 

Applicant is requesting reconsideration of a final refusal issued/mailed July 4, 2007.

 

The applicant’s request for reconsideration does not raise any new issues but is a good faith, although incomplete, attempt to comply with all outstanding requirements or refusals. TMEP §715.03(a). Accordingly, applicant’s request for reconsideration is granted. The response is incomplete because the identification and classification of services remains unacceptable.

 

Specifically, the wording which applicant has classified in class 44, namely, “Providing information relating to antibodies, peptides, enzymes, lysates, vectors, lipids, assay kits, reagents, stem cells, loading controls, tags and markers, cell line arrays, cell line slides, tissue arrays, and tissue slides for medical research purposes; providing medical research information on immune response and protocols relating to antibody use; providing medical information on the selection, production, purification, application, structure and activities of antibodies” must be classified in class 42.

 

For example, the wording in class 42 would read as follows:

 

CLASS 42:

-                     Providing information relating to antibodies, peptides, enzymes, lysates, vectors, lipids, assay kits, reagents, stem cells, loading controls, tags and markers, cell line arrays, cell line slides, tissue arrays, and tissue slides for scientific and medical research purposes; providing scientific and medical research information on immune response and protocols relating to antibody use; providing scientific information on the selection, production, purification, application, structure and activities of antibodies; providing technical support relating to antibody selection and use, namely, providing technical consultation services; online computer services in the nature of providing a search engine for obtaining data, namely, searching, retrieving, and providing information on antibodies and research topics pertaining to antibodies on a global computer network.

           

The applicant should note that all remaining classes, namely, classes 1, 35 and 42 remain unchanged (i.e., they are acceptable as is), and class 44 will be deleted from the application.

 

The applicant has 30 days, or until the end of the six months from the final action, whichever is longer, to comply with the outstanding requirements or refusals. 37 C.F.R. §2.65(b). Granting the request for reconsideration does not extend the deadline for appeal.  The time for appeal runs from the date the final action was mailed.  37 C.F.R. Section 2.64(b); TMEP Section 715.03(c).

 

 

 

 

 

/Susan Kastriner Lawrence/

Trademark Examining Attorney

Law Office 116

(571) 272-9186

 

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 Office’s Response to Office action 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.

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 7/30/2007 FOR

APPLICATION SERIAL NO. 78768359

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://portal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=78768359&doc_type=REC&mail_date=20070730 (or copy and paste this URL into the address field of your browser), or visit http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

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

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 7/30/2007.

 

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.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

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