UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

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  78/913547

 

The assigned examining attorney has reviewed the referenced application and determined the following.

NO CONFLICTING REGISTRATIONS

 

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 GOODS AND SERVICES DESCRIPTIONS MUST BE AMENDED FOR CLARITY AND SPECIFICITY

 

Much of the wording in the identification of goods and recitation of services is unacceptable as indefinite or unclear.  The applicant must amend the identification and recitation to specify the commercial name of the goods and services.  If there is no common commercial name for the product or service, the applicant must describe the product or service and its intended uses. TMEP section 804.

 

Applicant may amend the identification of goods and services by copying, in its entirety, the similar goods and services description in applicant’s prior Reg. No. 3072380 for “FIND” (Copy attached hereto) as follows.  TMEP §1402.01.

 

In Class 1:  Protein, enzymes, unprocessed polymers, and chemical and biochemical preparations and substances, all used in the manufacture of pharmaceuticals, industrial enzymes and foodstuffs; and diagnostic reagents for scientific research use;

 

In Class 5:  Proteins, enzymes and diagnostic reagents, all for clinical diagnostic medical use;

 

In Class 42:  Biotechnology and scientific research services; product research and development services related to biotechnology, science, proteins, and enzymes; biological and biotechnology analysis services; agricultural and food testing services; laboratory research services; and protein and enzyme evolving research services.

 

Please note that, while an application may be amended to clarify or limit the identification and recitation, additions are not permitted.  37 C.F.R. Section 2.71(a); TMEP section 804.09.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of goods and services set forth in the present identification and recitation.

 

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.

 

INFORMAL COMMUNICATIONS

 

The most expeditious way to solve disclaimer or goods or services description issues is by informal E-mail or voicemail. The following personal contact information is for applicant’s convenience, for trial runs, discussions or solutions involving examiner’s amendments.

 

Jill C. Alt

jill.alt@uspto.gov

(571) 272-9444 (Tel.)

(571) 273-9444 (Fax)

 

 

 

 

 

Formal communications must utilize the TEAS system of electronic response or the United States Postal Service.

 

 

 

/Jill C. Alt/

Trademark Attorney

Law Office 114

Tel. (571) 272-9444

Fax: (571)273-9444

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.