Offc Action Outgoing

STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION: TO AVOID ABANDONMENT OF THE REQUEST FOR EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE TO THIS PROVISIONAL FULL REFUSAL NOTIFICATION WITHIN 6 MONTHS OF THE “DATE ON WHICH THE NOTIFICATION WAS SENT TO WIPO (MAILING DATE)” LOCATED ON THE WIPO COVER LETTER ACCOMPANYING THIS NOTIFICATION.

In addition to the Mailing Date appearing on the WIPO cover letter, a holder (hereafter “applicant”) may confirm this Mailing Date using the USPTO’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. To do so, enter the U.S. application serial number for this application and then select “Documents.” The Mailing Date used to calculate the response deadline for this provisional full refusal is the “Create/Mail Date” of the “IB-1rst Refusal Note.”

This is a PROVISIONAL FULL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application. See 15 U.S.C. §1141h(c). See below in this notification (hereafter “Office action”) for details regarding the provisional full refusal.

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

SUMMARY OF ISSUES:

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION – CLASS 010
IDENTIFICATION OF GOODS
AMENDED COLOR CLAIM AND DESCRIPTION OF MARK REQUIRED

SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION – CLASS 010

THIS PARTIAL REFUSAL APPLIES TO CLASS 010 ONLY

Registration of the applied-for mark is refused because of a likelihood of confusion with the mark in U.S. Registration No. 2476951 (MTP TECHNICAL MEDICAL PROMOTION GMBH with design). Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the attached registration.

Applicant’s mark is MTP (with design) for “Aerosol dispensers for medical purposes; acupuncture needles; apparatus for use in medical analysis; apparatus for artificial respiration; apparatus and installations for the production of X-rays, for medical purposes; nursing appliances; apparatus for the treatment of deafness; body rehabilitation apparatus for medical purposes; microdermabrasion apparatus; instrument cases for use by doctors; respirators for artificial respiration; babies' bottles; basins for medical purposes; receptacles for applying medicines; teething rings; blood testing apparatus; bougies surgery; hernia bandages; artificial breasts; incubators for medical purposes; incubators for babies; surgical apparatus and instruments; thread, surgical; surgical implants artificial materials; cutlery surgical; suture needles; surgical sponges; mirrors for surgeons; suture materials; defibrillators; bougies surgery; diagnostic apparatus for medical purposes; dialyzers; drainage tubes for medical purposes; insufflators; ice bags for medical purposes; bandages, elastic; electric acupuncture instruments; electrodes for medical use; electrocardiographs; tips for crutches for invalids; finger guards for medical purposes; feeding bottle teats; dental burs; galvanic belts for medical purposes; galvanic therapeutic appliances; gastroscopes; uterine syringes; obstetric apparatus for cattle; obstetric apparatus; forceps; hearing protectors; physiotherapy apparatus; appliances for washing body cavities; plaster bandages for orthopaedic purposes; belts for medical purposes; orthopaedic orthopedic belts; hair prostheses; hematimeters; gloves for medical purposes; urinals vessels; urethral probes; urethral syringes; invalids' hoists; hot air vibrators for medical purposes; blankets, electric, for medical purposes; heating cushions pads, electric, for medical purposes; heart pacemakers; hearing aids for the deaf; ear trumpets; corsets for medical purposes; corn knives; syringes for injections; inhalers; Injectors for medical purposes; incubators for babies; douche bags; enema apparatus for medical purposes; cannulae; castrating pincers; catgut; catheters; cushions for medical purposes; pads pouches for preventing pressure sores on patient bodies; compressors surgical; soporific pillows for insomnia; stockings for varices; ambulance stretchers; draw-sheets for sick beds; crutches; artificial eyes; artificial limbs; artificial skin for surgical purposes; artificial jaws; lenses intraocular prostheses for surgical implantation; artificial teeth; lamps for medical purposes; lancets; lasers for medical purposes; abdominal belts; abdominal corsets; spoons for administering medicine; air pillows for medical purposes; air cushions for medical purposes; air mattresses, for medical purposes; masks for use by medical personnel; massage apparatus; esthetic massage apparatus; gloves for massage; childbirth mattresses; medical apparatus and Instruments; medical guidewires; physical exercise apparatus, for medical purposes; spoons for administering medicine; knives for surgical purposes; breast pumps; umbilical belts; commode chairs; needles for medical purposes; anaesthetic apparatus; anaesthetic masks; contraceptives, non-chemical; ear picks; ear plugs ear protection devices; clothing especially for operating rooms; operating tables; surgical drapes; ophthalmometers; ophthalmoscopes; orthopedic articles; arch supports for footwear, supportive bandages; knee bandages, orthopedic; orthopedic footwear; orthopaedic orthopedic soles; pessaries; balling guns; condoms; artificial limbs; pulse meters; pumps for medical purposes; quartz lamps for medical purposes; radiological apparatus for medical purposes; fumigation apparatus for medical purposes; X-ray apparatus for medical purposes; X-ray photographs for medical purposes; X-ray tubes for medical purposes; radiology screens for medical purposes; radium tubes for medical purposes; saws for surgical purposes; feeding bottles; feeding bottle valves; scissors for surgery; splints, surgical; slings supporting bandages; babies' pacifiers teats; cupping glasses; supports for flat feet; protection devices against X-rays, for medical purposes; maternity belts; armchairs for medical or dental purposes; love dolls sex dolls; scalpels; probes for medical purposes; containers especially made for medical waste; beds, specially made for medical purposes; cases fitted for medical instruments; furniture especially made for medical purposes; spirometers medical apparatus; syringes for medical purposes; spittoons for medical purposes; hygienic basins; stents; sterile sheets, surgical; stethoscopes; boots for medical purposes; hot air therapeutic apparatus; thermo-electric compresses surgery; thermal packs for first aid purposes; thermometers for medical purposes; stretchers, wheeled; trocars; droppers for medical purposes; dropper bottles for medical purposes; filters for ultraviolet rays, for medical purposes; ultraviolet ray lamps for medical purposes; maternity belts; incontinence sheets; hypogastric belts; abdominal pads; urological apparatus and instruments; vaginal syringes; vaporizers for medical purposes; veterinary apparatus and instruments; bed vibrators; vibromassage apparatus; thermo-electric compresses surgery; hydrostatic water beds for medical purposes; water bags for medical purposes; resuscitation apparatus; brushes for cleaning body cavities; clips, surgical; dental apparatus and instruments; dental apparatus, electric; mirrors for dentists; dentists' armchairs; dentures; orthodontic appliances; pins for artificial teeth; sprayers for medical purposes; tongue scrapers; strait jackets” in International Class 010.

Registrant’s mark is MTP TECHNICAL MEDICAL PROMOTION GMBH for “pump connectors, pump tubing, irrigation tubes, tubing sets, comprised of tubes and adapters for exchange of fluids and gases , suction tubing; insufflation systems comprising of insufflating tubing, gas flow connectors, male and female Luer looks and filters therefore; surgical lights, including high performance cold light sources, light cable end fittings, endobrachial tubes; medical gas filters; trocars and trocar accessories, namely, trocar valves, trocar cannulas, and insufflation connectors; disposables for general and minimal invasive surgery, namely, sterile endoscopic video camera covers, disposable tissue and fluid extraction bags for use with and without trocars, disposable covers for cable tree and cabled computer mice and medical machinery remote controls” in International Class 010.

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a potential consumer would be confused, mistaken, or deceived as to the source of the goods of the applicant and registrant. See 15 U.S.C. §1052(d). A determination of likelihood of confusion under Section 2(d) is made on a case-by case basis and the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) aid in this determination. Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1349, 98 USPQ2d 1253, 1256 (Fed. Cir. 2011) (citing On-Line Careline, Inc. v. Am. Online, Inc., 229 F.3d 1080, 1085, 56 USPQ2d 1471, 1474 (Fed. Cir. 2000)). Not all the du Pont factors, however, are necessarily relevant or of equal weight, and any one of the factors may control in a given case, depending upon the evidence of record. Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d at 1355, 98 USPQ2d at 1260; In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont de Nemours & Co., 476 F.2d at 1361-62, 177 USPQ at 567.

In this case, the following factors are the most relevant: similarity of the marks, similarity and nature of the goods, and similarity of the trade channels of the goods. See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP §§1207.01 et seq.

Comparison of the Marks

The applied-for mark is: MTP (with design)

The registered mark is: MTP TECHNICAL MEDICAL PROMOTION GMBH (with design)

Notably, applicant’s mark and registrant’s mark share the similar wording MTP in each of their respective marks. Although marks are compared in their entireties, one feature of a mark may be more significant or dominant in creating a commercial impression. See In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Nat’l Data Corp., 753 F.2d 1056, 1058, 224 USPQ 749, 751 (Fed. Cir. 1985); TMEP §1207.01(b)(viii), (c)(ii). Greater weight is often given to this dominant feature when determining whether marks are confusingly similar. See In re Nat’l Data Corp., 753 F.2d at 1058, 224 USPQ at 751.

Consumers are generally more inclined to focus on the first word, prefix, or syllable in any trademark or service mark. See Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F. 3d 1369, 1372, 73 USPQ2d 1689, 1692 (Fed. Cir. 2005); Presto Prods., Inc. v. Nice-Pak Prods., Inc., 9 USPQ2d 1895, 1897 (TTAB 1988) (“it is often the first part of a mark which is most likely to be impressed upon the mind of a purchaser and remembered” when making purchasing decisions). In this case the first wording in the applied-for mark and the cited registration is the wording MTP therefore, it is the dominant wording all of the marks and it is identical and visually similar.

Further, disclaimed matter that is descriptive of or generic for a party’s goods is typically less significant or less dominant when comparing marks. See In re Dixie Rests., Inc., 105 F.3d 1405, 1407, 41 USPQ2d 1531, 1533-34 (Fed. Cir. 1997); In re Nat’l Data Corp., 753 F.2d at 1060, 224 USPQ at 752; TMEP §1207.01(b)(viii), (c)(ii). In the cited registration the additional wording of TECHNICAL MEDICAL PROMOTION GMBH is disclaimed in their registration. Thus, this wording is less significant in terms of affecting the mark’s commercial impression and renders the wording MTP the more dominant element in the mark.

Additionally, for a composite mark containing both words and a design the word portion may be more likely to be impressed upon a purchaser’s memory and to be used when requesting the goods. Joel Gott Wines, LLC v. Rehoboth Von Gott, Inc., 107 USPQ2d 1424, 1431 (TTAB 2013) (citing In re Dakin’s Miniatures, Inc., 59 USPQ2d 1593, 1596 (TTAB 1999)); TMEP §1207.01(c)(ii); see In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908, 1911 (Fed. Cir. 2012) (citing CBS Inc. v. Morrow, 708 F.2d 1579, 1581-82, 218 USPQ 198, 200 (Fed. Cir 1983)). Thus, although such marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed. In re Viterra Inc., 671 F.3d at 1366, 101 USPQ2d at 1911 (Fed. Cir. 2012) (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)). In the present case, the registered mark and applicant’s mark have nearly identical design elements and the designs are designs that do not change the commercial impression of the marks thus the MTP wording would remain the dominant element in the marks.

In sum, given the identical dominant wording, highly similar appearance and connotation of the applied-for mark and the registered mark, the marks are confusingly similar.

Comparison of the Goods

The goods of the parties need not be identical or even competitive to find a likelihood of confusion. See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000) (“[E]ven if the goods in question are different from, and thus not related to, one another in kind, the same goods can be related in the mind of the consuming public as to the origin of the goods.”); TMEP §1207.01(a)(i).

The respective goods need only be “related in some manner and/or if the circumstances surrounding their marketing [be] such that they could give rise to the mistaken belief that [the goods] emanate from the same source.” Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

The applicant’s applied-for goods are: “Aerosol dispensers for medical purposes; acupuncture needles; apparatus for use in medical analysis; apparatus for artificial respiration; apparatus and installations for the production of X-rays, for medical purposes; nursing appliances; apparatus for the treatment of deafness; body rehabilitation apparatus for medical purposes; microdermabrasion apparatus; instrument cases for use by doctors; respirators for artificial respiration; babies' bottles; basins for medical purposes; receptacles for applying medicines; teething rings; blood testing apparatus; bougies surgery; hernia bandages; artificial breasts; incubators for medical purposes; incubators for babies; surgical apparatus and instruments; thread, surgical; surgical implants artificial materials; cutlery surgical; suture needles; surgical sponges; mirrors for surgeons; suture materials; defibrillators; bougies surgery; diagnostic apparatus for medical purposes; dialyzers; drainage tubes for medical purposes; insufflators; ice bags for medical purposes; bandages, elastic; electric acupuncture instruments; electrodes for medical use; electrocardiographs; tips for crutches for invalids; finger guards for medical purposes; feeding bottle teats; dental burs; galvanic belts for medical purposes; galvanic therapeutic appliances; gastroscopes; uterine syringes; obstetric apparatus for cattle; obstetric apparatus; forceps; hearing protectors; physiotherapy apparatus; appliances for washing body cavities; plaster bandages for orthopaedic purposes; belts for medical purposes; orthopaedic orthopedic belts; hair prostheses; hematimeters; gloves for medical purposes; urinals vessels; urethral probes; urethral syringes; invalids' hoists; hot air vibrators for medical purposes; blankets, electric, for medical purposes; heating cushions pads, electric, for medical purposes; heart pacemakers; hearing aids for the deaf; ear trumpets; corsets for medical purposes; corn knives; syringes for injections; inhalers; Injectors for medical purposes; incubators for babies; douche bags; enema apparatus for medical purposes; cannulae; castrating pincers; catgut; catheters; cushions for medical purposes; pads pouches for preventing pressure sores on patient bodies; compressors surgical; soporific pillows for insomnia; stockings for varices; ambulance stretchers; draw-sheets for sick beds; crutches; artificial eyes; artificial limbs; artificial skin for surgical purposes; artificial jaws; lenses intraocular prostheses for surgical implantation; artificial teeth; lamps for medical purposes; lancets; lasers for medical purposes; abdominal belts; abdominal corsets; spoons for administering medicine; air pillows for medical purposes; air cushions for medical purposes; air mattresses, for medical purposes; masks for use by medical personnel; massage apparatus; esthetic massage apparatus; gloves for massage; childbirth mattresses; medical apparatus and Instruments; medical guidewires; physical exercise apparatus, for medical purposes; spoons for administering medicine; knives for surgical purposes; breast pumps; umbilical belts; commode chairs; needles for medical purposes; anaesthetic apparatus; anaesthetic masks; contraceptives, non-chemical; ear picks; ear plugs ear protection devices; clothing especially for operating rooms; operating tables; surgical drapes; ophthalmometers; ophthalmoscopes; orthopedic articles; arch supports for footwear, supportive bandages; knee bandages, orthopedic; orthopedic footwear; orthopaedic orthopedic soles; pessaries; balling guns; condoms; artificial limbs; pulse meters; pumps for medical purposes; quartz lamps for medical purposes; radiological apparatus for medical purposes; fumigation apparatus for medical purposes; X-ray apparatus for medical purposes; X-ray photographs for medical purposes; X-ray tubes for medical purposes; radiology screens for medical purposes; radium tubes for medical purposes; saws for surgical purposes; feeding bottles; feeding bottle valves; scissors for surgery; splints, surgical; slings supporting bandages; babies' pacifiers teats; cupping glasses; supports for flat feet; protection devices against X-rays, for medical purposes; maternity belts; armchairs for medical or dental purposes; love dolls sex dolls; scalpels; probes for medical purposes; containers especially made for medical waste; beds, specially made for medical purposes; cases fitted for medical instruments; furniture especially made for medical purposes; spirometers medical apparatus; syringes for medical purposes; spittoons for medical purposes; hygienic basins; stents; sterile sheets, surgical; stethoscopes; boots for medical purposes; hot air therapeutic apparatus; thermo-electric compresses surgery; thermal packs for first aid purposes; thermometers for medical purposes; stretchers, wheeled; trocars; droppers for medical purposes; dropper bottles for medical purposes; filters for ultraviolet rays, for medical purposes; ultraviolet ray lamps for medical purposes; maternity belts; incontinence sheets; hypogastric belts; abdominal pads; urological apparatus and instruments; vaginal syringes; vaporizers for medical purposes; veterinary apparatus and instruments; bed vibrators; vibromassage apparatus; thermo-electric compresses surgery; hydrostatic water beds for medical purposes; water bags for medical purposes; resuscitation apparatus; brushes for cleaning body cavities; clips, surgical; dental apparatus and instruments; dental apparatus, electric; mirrors for dentists; dentists' armchairs; dentures; orthodontic appliances; pins for artificial teeth; sprayers for medical purposes; tongue scrapers; strait jackets”

The registrant’s goods are: “pump connectors, pump tubing, irrigation tubes, tubing sets, comprised of tubes and adapters for exchange of fluids and gases , suction tubing; insufflation systems comprising of insufflating tubing, gas flow connectors, male and female Luer looks and filters therefore; surgical lights, including high performance cold light sources, light cable end fittings, endobrachial tubes; medical gas filters; trocars and trocar accessories, namely, trocar valves, trocar cannulas, and insufflation connectors; disposables for general and minimal invasive surgery, namely, sterile endoscopic video camera covers, disposable tissue and fluid extraction bags for use with and without trocars, disposable covers for cable tree and cabled computer mice and medical machinery remote controls”

With respect to applicant’s and registrant’s goods, the question of likelihood of confusion is determined based on the description of the goods stated in the application and registration at issue, not on extrinsic evidence of actual use. See Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1323, 110 USPQ2d 1157, 1162 (Fed. Cir. 2014) (quoting Octocom Sys. Inc. v. Hous. Computers Servs. Inc., 918 F.2d 937, 942, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990)).

Absent restrictions in an application and/or registration, the identified goods are “presumed to travel in the same channels of trade to the same class of purchasers.” In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). Additionally, unrestricted and broad identifications are presumed to encompass all goods of the type described. See In re Jump Designs, LLC, 80 USPQ2d 1370, 1374 (TTAB 2006) (citing In re Elbaum, 211 USPQ 639, 640 (TTAB 1981)); In re Linkvest S.A., 24 USPQ2d 1716, 1716 (TTAB 1992).

In this case, the identification set forth in the application and registration has no restrictions as to nature, type, channels of trade, or classes of purchasers. Therefore, it is presumed that these goods travel in all normal channels of trade, and are available to the same class of purchasers. Further, the application uses broad wording to describe the goods and this wording is presumed to encompass all goods of the type described, including those in registrant’s more narrow identification. Specifically, both applicant and registrant include medical pumps, lights for medical purposes, medical related filters and trocars.

To the extent the evidence does not address all of applicant’s goods, relatedness does not have to be established for every good in an identification. It is sufficient for a finding of likelihood of confusion if relatedness is established for any or some items encompassed by the identification within a particular class in an application. Tuxedo Monopoly, Inc. v. General Mills Fun Group, 648 F.2d 1335, 209 USPQ 986, 988 (CCPA 1981). In this case, relatedness has been established for many of the identified items, which is enough to show a likelihood of confusion.

This demonstrates that a consumer familiar with registrant’s mark used on registrant’s goods, upon encountering applicant’s mark used on applicant’s goods would likely be confused and mistakenly believe that the goods emanate from a common source. Therefore, registration is refused under Section 2(d) of the Lanham Act.

Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.

If applicant responds to the refusal, applicant must also respond to the requirements set forth below.

IDENTIFICATION OF GOODS

The identification of goods contains parentheses. Generally, parentheses and brackets should not be used in identifications. Parenthetical information is permitted in identifications only if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity of the identification, e.g., “obi (Japanese sash).” TMEP §1402.12.

Therefore, applicant must remove the parentheses from the identification of goods and incorporate the parenthetical information into the description.

Certain wording in the identification of goods is indefinite and must be clarified to more specifically identify the goods. See TMEP §1402.01. In certain cases, the wording does not provide enough information for the examining attorney to propose a suggested amendment. Applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, applicant must describe the product and its intended uses. See id.

Certain wording in the identification of goods must be clarified because it is too broad and could include goods in other international classes. See TMEP §§1402.01, 1402.03. Any amendment is required to be within the classification of the original wording and suggestions are made accordingly, where available.

Details for specific issues are laid out in the table below:

Original	Issue	Suggested
International Class 010:
apparatus for use in medical analysis;	Indefinite because applicant must indicate the specific apparatus or the function and what is being analyzed.	Apparatus for use in medical analysis, namely, {indicate common commercial name of the goods or the function and what is being analyzed, e.g., Heartbeat measuring apparatus, Apparatus for blood analysis};
apparatus for artificial respiration;	Acceptable	apparatus for artificial respiration;
apparatus and installations for the production of X-rays, for medical purposes;	Acceptable	apparatus and installations for the production of X-rays, for medical purposes;
nursing appliances;	Indefinite because applicant must indicate the specific type or nature of the appliance.	*nursing appliances, namely, {indicate common commercial name of the goods, e.g. baby nursers};*
apparatus for the treatment of deafness;	Acceptable	apparatus for the treatment of deafness;
body rehabilitation apparatus for medical purposes;	Acceptable	body rehabilitation apparatus for medical purposes;
microdermabrasion apparatus;	Acceptable	microdermabrasion apparatus;
instrument cases for use by doctors;	Acceptable	instrument cases for use by doctors;
respirators for artificial respiration;	Acceptable	respirators for artificial respiration;
babies' bottles;	Acceptable	babies' bottles;
basins for medical purposes;	Acceptable	basins for medical purposes;
receptacles for applying medicines;	Indefinite because applicant must indicate the type or nature of the receptacles.	*receptacles for applying medicines, namely, {indicate common commercial name of the goods, e.g., medical syringes};*
teething rings;	Acceptable	teething rings;
blood testing apparatus;	Acceptable	blood testing apparatus;
bougies surgery;	Clarification needed	*Bougies for surgery;*
hernia bandages;	Acceptable	hernia bandages;
artificial breasts;	Acceptable	artificial breasts;
incubators for medical purposes;	Acceptable	incubators for medical purposes;
incubators for babies;	Acceptable, Duplicate	incubators for babies;
surgical apparatus and instruments;	Acceptable	surgical apparatus and instruments;
thread, surgical;	Acceptable	thread, surgical;
surgical implants artificial materials;	Clarification needed	*surgical implants comprised of artificial materials;*
cutlery surgical;	Acceptable, clarification needed	*Surgical cutlery;*
suture needles;	Acceptable	suture needles;
surgical sponges;	Acceptable	surgical sponges;
mirrors for surgeons;	Acceptable	mirrors for surgeons;
suture materials;	Acceptable	suture materials;
defibrillators;	Acceptable	defibrillators;
bougies surgery;	Duplicate Entry - Deleted
diagnostic apparatus for medical purposes;	Indefinite because applicant must indicate the specific condition or subject matter tested.	*diagnostic apparatus for medical purposes for testing or detecting {specify condition or subject matter tested, e.g., blood sugar levels, cancer cells, DNA, etc.};*
dialyzers;	Acceptable	dialyzers;
drainage tubes for medical purposes;	Acceptable	drainage tubes for medical purposes;
insufflators;	Indefinite because applicant must indicate that they are for medical purposes.	*Insufflators for medical purposes;*
ice bags for medical purposes;	Acceptable	ice bags for medical purposes;
bandages, elastic;	Acceptable	bandages, elastic;
electric acupuncture instruments;	Acceptable	electric acupuncture instruments;
electrodes for medical use;	Acceptable	electrodes for medical use;
electrocardiographs;	Acceptable	electrocardiographs;
tips for crutches for invalids;	Acceptable	tips for crutches for invalids;
finger guards for medical purposes;	Acceptable	finger guards for medical purposes;
feeding bottle teats;	Acceptable	feeding bottle teats;
dental burs;	Acceptable	dental burs;
galvanic belts for medical purposes;	Acceptable	galvanic belts for medical purposes;
galvanic therapeutic appliances;	Acceptable	galvanic therapeutic appliances;
gastroscopes;	Acceptable	gastroscopes;
uterine syringes;	Acceptable	uterine syringes;
obstetric apparatus for cattle;	Acceptable	obstetric apparatus for cattle;
obstetric apparatus;	Acceptable	obstetric apparatus;
forceps;	Indefinite because applicant must specify that they are for medical use.	*forceps for medical use;*
hearing protectors;	Over broad because it could encompass goods in another class. Applicant must indicate that hearing protectors don’t have the ability to reproduce or transmit sound.	*hearing protectors without the ability to reproduce or transmit sound;*
physiotherapy apparatus;	Indefinite because applicant must specify that they are for medical use.	*physiotherapy apparatus for medical use;*
appliances for washing body cavities;	Acceptable	appliances for washing body cavities;
plaster bandages for orthopaedic purposes;	Acceptable	plaster bandages for orthopaedic purposes;
belts for medical purposes;	Acceptable	belts for medical purposes;
orthopaedic orthopedic belts;	Clarification needed, removal of brackets.	orthopedic belts;
hair prostheses;	Acceptable	hair prostheses;
hematimeters;	Acceptable	hematimeters;
gloves for medical purposes;	Acceptable	gloves for medical purposes;
urinals vessels;	Indefinite because applicant must indicate they are for medical purposes.	*urinals vessels for medical purposes;*
urethral probes;	Acceptable	urethral probes;
urethral syringes;	Acceptable	urethral syringes;
invalids' hoists;	Acceptable	invalids' hoists;
hot air vibrators for medical purposes;	Acceptable	hot air vibrators for medical purposes;
blankets, electric, for medical purposes;	Acceptable	blankets, electric, for medical purposes;
heating cushions pads, electric, for medical purposes;	Acceptable, removed brackets.	*heating cushions, electric, for medical purposes;*
heart pacemakers;	Acceptable	heart pacemakers;
hearing aids for the deaf;	Acceptable	hearing aids for the deaf;
ear trumpets;	Acceptable	ear trumpets;
corsets for medical purposes;	Acceptable	corsets for medical purposes;
corn knives;	Indefinite because applicant must indicate they are for medical purposes.	*corn knives for medical use;*
syringes for injections;	Indefinite because applicant must indicate they are for medical purposes.	*syringes for injections and medical purposes;*
inhalers;	Indefinite because applicant must indicate they are for medical purposes.	*inhalers for medical use;*
Injectors for medical purposes;	Acceptable	surgical apparatus and instruments
incubators for babies;	Duplicate Entry - Deleted
douche bags;	Acceptable	douche bags;
enema apparatus for medical purposes;	Acceptable	enema apparatus for medical purposes;
cannulae;	Acceptable	cannulae;
castrating pincers;	Acceptable	castrating pincers;
catgut;	Indefinite because applicant must indicate they are for surgical purposes.	*Catgut for surgical use;*
catheters;	Acceptable	catheters;
cushions for medical purposes;	Acceptable	cushions for medical purposes;
pads pouches for preventing pressure sores on patient bodies;	Acceptable, removed brackets.	*pads for preventing pressure sores on patient bodies;*
compressors surgical;	Clarification of identification	*surgical compressors;*
soporific pillows for insomnia;	Acceptable	soporific pillows for insomnia;
stockings for varices;	Acceptable	stockings for varices;
ambulance stretchers;	Acceptable	ambulance stretchers;
draw-sheets for sick beds;	Acceptable	draw-sheets for sick beds;
crutches;	Acceptable	crutches;
artificial eyes;	Acceptable	artificial eyes;
artificial limbs;	Acceptable, Duplicate Entry	artificial limbs;
artificial skin for surgical purposes;	Acceptable	artificial skin for surgical purposes;
artificial jaws;	Acceptable	artificial jaws;
lenses intraocular prostheses for surgical implantation;	Acceptable	lenses intraocular prostheses for surgical implantation;
artificial teeth;	Acceptable	artificial teeth;
lamps for medical purposes;	Acceptable	lamps for medical purposes;
lancets;	Acceptable	lancets;
lasers for medical purposes;	Acceptable	lasers for medical purposes;
abdominal belts;	Indefinite because applicant must indicate they are for medical purposes.	*abdominal belts for medical purposes;*
abdominal corsets;	Acceptable	abdominal corsets;
spoons for administering medicine;	Acceptable, Duplicate Entry	spoons for administering medicine;
air pillows for medical purposes;	Acceptable	air pillows for medical purposes;
air cushions for medical purposes;	Acceptable	air cushions for medical purposes;
air mattresses, for medical purposes;	Acceptable	air mattresses, for medical purposes;
masks for use by medical personnel;	Acceptable	masks for use by medical personnel;
massage apparatus;	Acceptable	massage apparatus;
esthetic massage apparatus;	Acceptable	esthetic massage apparatus;
gloves for massage;	Acceptable	gloves for massage;
childbirth mattresses;	Acceptable	childbirth mattresses;
medical apparatus and Instruments;	Indefinite because applicant must indicate the specific use or type of the apparatus and instruments.	Medical apparatus and Instruments for {indicate the specific use or type of apparatus and instruments, e.g., treating cardiovascular disease, use in orthopedic surgery, treating osteoarthritis and osteoporosis};
medical guidewires;	Acceptable	medical guidewires;
physical exercise apparatus, for medical purposes;	Acceptable	physical exercise apparatus, for medical purposes;
spoons for administering medicine;	Duplicate Entry - Deleted
knives for surgical purposes;	Acceptable	knives for surgical purposes;
breast pumps;	Acceptable	breast pumps;
umbilical belts;	Acceptable	umbilical belts;
commode chairs;	Over Broad because the description could encompass goods in other classes.	*commode chairs, namely, chairs adapted for medical patients or for use by disabled persons to allow them to use the toilet;*
needles for medical purposes;	Acceptable	needles for medical purposes;
anaesthetic apparatus;	Acceptable	anaesthetic apparatus
anaesthetic masks;	Acceptable	anaesthetic masks;
contraceptives, non-chemical;	Acceptable	contraceptives, non-chemical;
ear picks;	Acceptable	ear picks;
ear plugs ear protection devices;	Indefinite because applicant must indicate the purpose of the ear plugs and the type of ear protection devices.	*ear protection devices in the nature of ear plugs for {specify use, e.g., sleeping, swimming, medical purposes, etc.};*
clothing especially for operating rooms;	Indefinite because applicant must indicate the specific items of clothing	*clothing especially for operating rooms, namely, {specify items of clothing, e.g., surgical scrub suits, scrub tops, scrub pants};*
operating tables;	Acceptable	operating tables;
surgical drapes;	Acceptable	surgical drapes;
ophthalmometers;	Acceptable	ophthalmometers;
ophthalmoscopes;	Acceptable	ophthalmoscopes;
orthopedic articles;	Indefinite because applicant must indicate the specific articles.	orthopedic articles, namely, {specify articles by the common commercial name, e.g., belts, back braces, thoracic braces, ankle braces, wrist braces, clavicle braces, epicoldilitis braces and cervical braces}
arch supports for footwear, supportive bandages;	Acceptable	arch supports for footwear, supportive bandages;
knee bandages, orthopedic;	Acceptable	knee bandages, orthopedic;
orthopedic footwear;	Acceptable	orthopedic footwear;
orthopaedic orthopedic soles;	Acceptable, Removed brackets.	*orthopedic soles;*
pessaries;	Acceptable	pessaries;
balling guns;	Indefinite because applicant must indicate that it is for therapeutic use.	*balling guns for therapeutic use;*
condoms;	Acceptable	condoms;
artificial limbs;	Duplicate Entry - Deleted
pulse meters;	Acceptable	pulse meters;
pumps for medical purposes;	Indefinite because applicant must indicate the type of pumps.	*{indicate type of pumps,e.g., vacuum, blood, infusion, peristaltic, gas} pumps for medical purposes;*
quartz lamps for medical purposes;	Acceptable	quartz lamps for medical purposes;
radiological apparatus for medical purposes;	Acceptable	radiological apparatus for medical purposes;
fumigation apparatus for medical purposes;	Acceptable	fumigation apparatus for medical purposes;
X-ray apparatus for medical purposes;	Acceptable	X-ray apparatus for medical purposes;
X-ray photographs for medical purposes;	Acceptable	X-ray photographs for medical purposes;
X-ray tubes for medical purposes;	Acceptable	X-ray tubes for medical purposes;
radiology screens for medical purposes;	Acceptable	radiology screens for medical purposes;
radium tubes for medical purposes;	Acceptable	radium tubes for medical purposes;
saws for surgical purposes;	Acceptable	saws for surgical purposes;
feeding bottles;	Acceptable	feeding bottles;
feeding bottle valves;	Acceptable	feeding bottle valves;
scissors for surgery;	Acceptable	scissors for surgery;
splints, surgical;	Acceptable	splints, surgical;
slings supporting bandages;	Acceptable	slings supporting bandages;
babies' pacifiers teats;	Acceptable	babies' pacifiers teats;
cupping glasses;	Acceptable	cupping glasses;
supports for flat feet;	Acceptable	supports for flat feet;
protection devices against X-rays, for medical purposes;	Acceptable	protection devices against X-rays, for medical purposes;
maternity belts;	Indefinite because applicant must specify the nature of the maternity belts and indicate that they are for medical purposes.	*maternity {indicate nature of the belts, e.g. support} belts for medical purposes;*
armchairs for medical or dental purposes;	Acceptable	armchairs for medical or dental purposes
love dolls sex dolls;	Acceptable, removing brackets.	love dolls, sex dolls;
scalpels;	Acceptable	scalpels;
probes for medical purposes;	Acceptable	probes for medical purposes;
containers especially made for medical waste;	Acceptable	containers especially made for medical waste;
beds, specially made for medical purposes;	Acceptable	beds, specially made for medical purposes;
cases fitted for medical instruments;	Acceptable	cases fitted for medical instruments;
furniture especially made for medical purposes;	Acceptable	furniture especially made for medical purposes;
spirometers medical apparatus;	Removing brackets	*medical apparatus, namely, spirometers;*
syringes for medical purposes;	Acceptable	syringes for medical purposes;
spittoons for medical purposes;	Acceptable	spittoons for medical purposes;
hygienic basins;	Over broad because it could encompass goods in other classes. Applicant must indicate that the basins are for medical purposes.	*hygienic basins for medical purposes;*
stents;	Acceptable	stents;
sterile sheets, surgical;	Acceptable	sterile sheets, surgical;
stethoscopes;	Acceptable	stethoscopes;
boots for medical purposes;	Acceptable	boots for medical purposes;
hot air therapeutic apparatus;	Acceptable	hot air therapeutic apparatus;
thermo-electric compresses surgery;	Acceptable, Clarification added.	*thermo-electric compresses for surgery;*
thermal packs for first aid purposes;	Acceptable	thermal packs for first aid purposes;
thermometers for medical purposes;	Acceptable	thermometers for medical purposes;
stretchers, wheeled;	Acceptable	stretchers, wheeled;
trocars;	Acceptable	trocars;
droppers for medical purposes;	Acceptable	droppers for medical purposes;
dropper bottles for medical purposes;	Acceptable	dropper bottles for medical purposes;
filters for ultraviolet rays, for medical purposes;	Acceptable	filters for ultraviolet rays, for medical purposes;
ultraviolet ray lamps for medical purposes;	Acceptable	ultraviolet ray lamps for medical purposes;
maternity belts;	Duplicate Entry - Deleted
incontinence sheets;	Acceptable	incontinence sheets;
hypogastric belts;	Acceptable	hypogastric belts;
abdominal pads;	Acceptable	abdominal pads;
urological apparatus and instruments;	Acceptable	urological apparatus and instruments;
vaginal syringes;	Acceptable	vaginal syringes;
vaporizers for medical purposes;	Acceptable	vaporizers for medical purposes;
veterinary apparatus and instruments;	Acceptable	veterinary apparatus and instruments;
bed vibrators;	Acceptable	bed vibrators;
vibromassage apparatus;	Acceptable	vibromassage apparatus;
thermo-electric compresses surgery;	Duplicate Entry - Deleted
hydrostatic water beds for medical purposes;	Acceptable	hydrostatic water beds for medical purposes;
water bags for medical purposes;	Acceptable	water bags for medical purposes;
resuscitation apparatus;	Acceptable	resuscitation apparatus;
brushes for cleaning body cavities;	Acceptable	brushes for cleaning body cavities;
clips, surgical;	Acceptable	clips, surgical;
dental apparatus and instruments;	Acceptable	dental apparatus and instruments;
dental apparatus, electric;	Acceptable	dental apparatus, electric;
mirrors for dentists;	Acceptable	mirrors for dentists;
dentists' armchairs;	Acceptable	dentists' armchairs;
dentures;	Acceptable	dentures;
orthodontic appliances;	Acceptable	orthodontic appliances;
pins for artificial teeth;	Acceptable	pins for artificial teeth;
sprayers for medical purposes;	Acceptable	sprayers for medical purposes;
tongue scrapers;	Acceptable	tongue scrapers;
strait jackets	Acceptable	strait jackets

Original	Issue	Suggested
International Class 016:
Transfers decalcomanias;	Indefinite because applicant must indicate the type of transfers and remove bracket portion.	*Decalcomanias, namely, {Indicate type, e.g., iron-on, plastic} transfers;*
address plates for addressing machines;	Acceptable	address plates for addressing machines;
addressing machines;	Acceptable	addressing machines;
folders for papers;	Acceptable	folders for papers;
document files stationery;	Acceptable, removal of brackets	*stationery, namely, document files;*
scrapbooks;	Acceptable	scrapbooks;
almanacs;	Acceptable	almanacs;
announcement cards stationery;	Acceptable, removal of brackets	*stationery, namely, announcement cards;*
document laminators for office use;	Acceptable	document laminators for office use;
stickers stationery;	Acceptable, removal of brackets	*stationery, namely, stickers;*
cabinets for stationery office requisites;	Over broad as the description may encompass goods in other classes. Applicant must specify that the cabinets are desk mounted or desktop based for this classification to be proper.	*Desktop cabinets for stationery office requisites;*
pictures;	Acceptable	pictures;
paintings pictures, framed or unframed;	Acceptable	paintings pictures, framed or unframed;
biological samples for use in microscopy teaching materials;	Over broad because it could encompass goods in other classes. Applicant must indicate that these are printed materials in order to be classified in this class.	*Printed materials, namely, biological samples for use in microscopy teaching materials;*
blueprints;	Acceptable	blueprints;
pamphlets;	Indefinite because applicant must indicate the field or subject matter of the pamphlets	*pamphlets in the field of {specify subject matter};*
bookbinding material;	Acceptable	bookbinding material;
books;	Indefinite because applicant must indicate the field or subject matter of the books	*books in the field of {specify subject matter};*
document holders stationery;	Acceptable, removing brackets	*document holders;*
printed matter, labels, not of textile;	Indefinite and clarification needed because applicant must specify that the labels are printed.	*printed matter, namely, printed labels, not of textile;*
flyers;	Indefinite because applicant must indicate the field or subject matter of the flyers and indicate that the flyers are informational in nature.	*informational flyers featuring {indicate subject matter};*
plastic film for wrapping;	Acceptable	plastic film for wrapping;
sheets of reclaimed cellulose for wrapping;	Acceptable	sheets of reclaimed cellulose for wrapping;
forms, printed;	Acceptable	forms, printed;
photographs printed;	Acceptable	photographs printed;
graphic representations;	Acceptable	graphic representations;
graphic reproductions;	Indefinite because applicant must indicate that they are graphic art reproductions.	*Graphic art reproductions;*
manuals handbooks;	Indefinite because applicant must indicate the field or subject matter of the manuals and remove brackets.	*manuals in the field of {indicate subject matter};*
histological sections for teaching purposes;	Acceptable	histological sections for teaching purposes;
calendars;	Acceptable	calendars;
catalogues;	Indefinite because applicant must indicate the field or subject matter of the catalogues.	*catalogues in the field of {indicate subject matter};*
teaching materials except apparatus;	Indefinite because applicant must indicate the type of teaching materials and field or subject matter of the teaching materials and remove brackets.	*teaching materials in the nature of {indicate type of teaching materials, e.g., workbooks, books, manuals, etc.} in the field of {indicate subject matter};*
loose-leaf binders;	Acceptable	loose-leaf binders;
stationery;	Acceptable	stationery;
paper tapes and cards for the recordal of computer programmes;	Acceptable	paper tapes and cards for the recordal of computer programmes;
prospectuses;	Indefinite because applicant must indicate the field or subject matter of the prospectuses.	*prospectuses in the field of {indicate subject matter};*
newsletters;	Indefinite because applicant must indicate the field or subject matter of the newsletters.	*newsletters in the field of {indicate subject matter};*
printed publications;	Indefinite because applicant must indicate the type of printed publications and field or subject matter of the printed publications.	*printed publications in the nature of {indicate type of printed publications, e.g., workbooks, books, manuals, etc.} in the field of {indicate subject matter};*
bags envelopes, pouches of paper or plastics, for packaging;	Acceptable	bags envelopes, pouches of paper or plastics, for packaging;
cardboard articles;	Indefinite because applicant must indicate specific types of cardboard articles.	*cardboard articles, namely, {specify type of articles, e.g., cardboard boxes};*
packaging material made of starches;	Indefinite because applicant must indicate specific nature of the packaging material.	*packaging material made of starches in the nature of {specify type of packaging materials, e.g., in the nature of a paper substitute for food, beverages and consumer products};*
wrapping paper;	Acceptable	wrapping paper;
viscose sheets for wrapping;	Acceptable	viscose sheets for wrapping;
waxed paper;	Acceptable	waxed paper;
periodicals;	Indefinite because applicant must indicate the field or subject matter of the prospectuses.	*periodicals in the field of {indicate subject matter};*
magazines periodicals;	Indefinite because applicant must indicate the field or subject matter of the magazines and remove brackets.	*magazines in the field of {indicate subject matter};*
newspapers	Acceptable	newspapers

Applicant may substitute the following wording, if accurate:

International Class 010: Apparatus for use in medical analysis, namely, {indicate common commercial name of the goods or the function and what is being analyzed, e.g., Heartbeat measuring apparatus, Apparatus for blood analysis}; apparatus for artificial respiration; apparatus and installations for the production of X-rays, for medical purposes; nursing appliances, namely, {indicate common commercial name of the goods, e.g. baby nursers}; apparatus for the treatment of deafness; body rehabilitation apparatus for medical purposes; microdermabrasion apparatus; instrument cases for use by doctors; respirators for artificial respiration; babies' bottles; basins for medical purposes; receptacles for applying medicines, namely, {indicate common commercial name of the goods, e.g., medical syringes}; teething rings; blood testing apparatus; Bougies for surgery; hernia bandages; artificial breasts; incubators for medical purposes; incubators for babies; surgical apparatus and instruments; thread, surgical; surgical implants comprised of artificial materials; surgical cutlery; suture needles; surgical sponges; mirrors for surgeons; suture materials; defibrillators; diagnostic apparatus for medical purposes for testing or detecting {specify condition or subject matter tested, e.g., blood sugar levels, cancer cells, DNA, etc.}; dialyzers; drainage tubes for medical purposes; Insufflators for medical purposes; ice bags for medical purposes; bandages, elastic; electric acupuncture instruments; electrodes for medical use; electrocardiographs; tips for crutches for invalids; finger guards for medical purposes; feeding bottle teats; dental burs; galvanic belts for medical purposes; galvanic therapeutic appliances; gastroscopes; uterine syringes; obstetric apparatus for cattle; obstetric apparatus; forceps for medical use; hearing protectors without the ability to reproduce or transmit sound; physiotherapy apparatus for medical use; appliances for washing body cavities; plaster bandages for orthopaedic purposes; belts for medical purposes; orthopedic belts; hair prostheses; hematimeters; gloves for medical purposes; urinals vessels for medical purposes; urethral probes; urethral syringes; invalids' hoists; hot air vibrators for medical purposes; blankets, electric, for medical purposes; heating cushions, electric, for medical purposes; heart pacemakers; hearing aids for the deaf; ear trumpets; corsets for medical purposes; corn knives for medical use; syringes for injections and medical purposes; inhalers for medical use; surgical apparatus and instruments; douche bags; enema apparatus for medical purposes; cannulae; castrating pincers; Catgut for surgical use; catheters; cushions for medical purposes; pads for preventing pressure sores on patient bodies; surgical compressors; soporific pillows for insomnia; stockings for varices; ambulance stretchers; draw-sheets for sick beds; crutches; artificial eyes; artificial limbs; artificial skin for surgical purposes; artificial jaws; lenses intraocular prostheses for surgical implantation; artificial teeth; lamps for medical purposes; lancets; lasers for medical purposes; abdominal belts for medical purposes; abdominal corsets; spoons for administering medicine; air pillows for medical purposes; air cushions for medical purposes; air mattresses, for medical purposes; masks for use by medical personnel; massage apparatus; esthetic massage apparatus; gloves for massage; childbirth mattresses; Medical apparatus and Instruments for {indicate the specific use or type of apparatus and instruments, e.g., treating cardiovascular disease, use in orthopedic surgery, treating osteoarthritis and osteoporosis}; medical guidewires; physical exercise apparatus, for medical purposes; knives for surgical purposes; breast pumps; umbilical belts; commode chairs, namely, chairs adapted for medical patients or for use by disabled persons to allow them to use the toilet; needles for medical purposes; anaesthetic apparatus; anaesthetic masks; contraceptives, non-chemical; ear picks; ear protection devices in the nature of ear plugs for {specify use, e.g., sleeping, swimming, medical purposes, etc.}; clothing especially for operating rooms, namely, {specify items of clothing, e.g., surgical scrub suits, scrub tops, scrub pants}; operating tables; surgical drapes; ophthalmometers; ophthalmoscopes; orthopedic articles, namely, {specify articles by the common commercial name, e.g., belts, back braces, thoracic braces, ankle braces, wrist braces, clavicle braces, epicoldilitis braces and cervical braces}; arch supports for footwear, supportive bandages; knee bandages, orthopedic; orthopedic footwear; orthopedic soles; pessaries; balling guns for therapeutic use; condoms; pulse meters; {indicate type of pumps,e.g., vacuum, blood, infusion, peristaltic, gas} pumps for medical purposes; quartz lamps for medical purposes; radiological apparatus for medical purposes; fumigation apparatus for medical purposes; X-ray apparatus for medical purposes; X-ray photographs for medical purposes; X-ray tubes for medical purposes; radiology screens for medical purposes; radium tubes for medical purposes; saws for surgical purposes; feeding bottles; feeding bottle valves; scissors for surgery; splints, surgical; slings supporting bandages; babies' pacifiers teats; cupping glasses; supports for flat feet; protection devices against X-rays, for medical purposes; maternity {indicate nature of the belts, e.g. support} belts for medical purposes; armchairs for medical or dental purposes; love dolls, sex dolls; scalpels; probes for medical purposes; containers especially made for medical waste; beds, specially made for medical purposes; cases fitted for medical instruments; furniture especially made for medical purposes; medical apparatus, namely, spirometers; syringes for medical purposes; spittoons for medical purposes; hygienic basins for medical purposes; stents; sterile sheets, surgical; stethoscopes; boots for medical purposes; hot air therapeutic apparatus; thermo-electric compresses for surgery; thermal packs for first aid purposes; thermometers for medical purposes; stretchers, wheeled; trocars; droppers for medical purposes; dropper bottles for medical purposes; filters for ultraviolet rays, for medical purposes; ultraviolet ray lamps for medical purposes; incontinence sheets; hypogastric belts; abdominal pads; urological apparatus and instruments; vaginal syringes; vaporizers for medical purposes; veterinary apparatus and instruments; bed vibrators; vibromassage apparatus; hydrostatic water beds for medical purposes; water bags for medical purposes; resuscitation apparatus; brushes for cleaning body cavities; clips, surgical; dental apparatus and instruments; dental apparatus, electric; mirrors for dentists; dentists' armchairs; dentures; orthodontic appliances; pins for artificial teeth; sprayers for medical purposes; tongue scrapers; strait jackets

International Class 016: Decalcomanias, namely, {Indicate type, e.g., iron-on, plastic} transfers; address plates for addressing machines; addressing machines; folders for papers; stationery, namely, document files; scrapbooks; almanacs; stationery, namely, announcement cards; document laminators for office use; stationery, namely, stickers; Desktop cabinets for stationery office requisites; pictures; paintings pictures, framed or unframed; Printed materials, namely, biological samples for use in microscopy teaching materials; blueprints; pamphlets in the field of {specify subject matter}; bookbinding material; books in the field of {specify subject matter}; document holders; printed matter, namely, printed labels, not of textile; informational flyers featuring {indicate subject matter}; plastic film for wrapping; sheets of reclaimed cellulose for wrapping; forms, printed; photographs printed; graphic representations; Graphic art reproductions; manuals in the field of {indicate subject matter}; histological sections for teaching purposes; calendars; catalogues in the field of {indicate subject matter}; teaching materials in the nature of {indicate type of teaching materials, e.g., workbooks, books, manuals, etc.} in the field of {indicate subject matter}; loose-leaf binders; stationery; paper tapes and cards for the recordal of computer programmes; prospectuses in the field of {indicate subject matter}; newsletters in the field of {indicate subject matter}; printed publications in the nature of {indicate type of printed publications, e.g., workbooks, books, manuals, etc.} in the field of {indicate subject matter}; bags envelopes, pouches of paper or plastics, for packaging; cardboard articles, namely, {specify type of articles, e.g., cardboard boxes}; packaging material made of starches in the nature of {specify type of packaging materials, e.g., in the nature of a paper substitute for food, beverages and consumer products}; wrapping paper; viscose sheets for wrapping; waxed paper; periodicals in the field of {indicate subject matter}; magazines in the field of {indicate subject matter}; newspapers

Applicant’s goods may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably narrowed. See 37 C.F.R. §2.71(a); TMEP §§1402.06, 1904.02(c)(iv). Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods or add goods not found or encompassed by those in the original application or as acceptably narrowed. See TMEP §1402.06(a)-(b). The scope of the goods sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods will further limit scope, and once goods are deleted, they are not permitted to be reinserted. TMEP §1402.07(e). Additionally, for applications filed under Trademark Act Section 66(a), the scope of the identification for purposes of permissible amendments is limited by the international class assigned by the International Bureau of the World Intellectual Property Organization (International Bureau). 37 C.F.R. §2.85(f); TMEP §§1402.07(a), 1904.02(c).

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.

AMENDED COLOR CLAIM AND DESCRIPTION OF MARK REQUIRED

Applicant must amend the color claim and mark description to identify all the colors in the mark drawing. See 37 C.F.R. §2.52(b)(1); TMEP §807.07(a)-(a)(ii). The following colors have been omitted from the color claim: White. In addition, the following colors have been omitted from the mark description: blue, green and white.

A complete color claim must reference all the colors appearing in the drawing of the mark. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq. Similarly, a complete mark description for a mark depicted in color must identify all the literal and design elements in the mark and specify where the colors appear in those elements. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq. However, if black, white, and/or gray are not being claimed as a color feature of the mark, applicant must exclude them from the color claim and include in the mark description a statement that the colors black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark. See TMEP §807.07(d).

The following color claim and mark description are suggested, if accurate:

Color claim: “The colors green, blue and white are claimed as a feature of the mark.”

Mark description: “The mark consists of the literal elements “MTP” in stylized form where the “M” and “P” appear in green and the “T” appears in white superimposed on a blue rectangle design coming out of the rectangle design on the left is a horizontal L shaped line in green and appearing above the letter “M”, coming out of the right side of the rectangle design is a blue horizontal line design that is above the letter “P” and to the right and below the letter “P” is an reversed L shaped line design in green.”

RESPONSE GUIDELINES

For this application to proceed further, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements. For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “Responding to Office Actions” on the USPTO’s website.

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end and the trademark will fail to register. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP §§718.01, 718.02. Additionally, the USPTO will not refund the application filing fee, which is a required processing fee. See 37 C.F.R. §§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.

Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).

Because of the legal technicalities and strict deadlines involved in the USPTO application process, applicant may wish to hire a qualified U.S. attorney specializing in trademark matters to represent applicant in this process and provide legal advice. Although the undersigned trademark examining attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help. The USPTO may not assist an applicant in the selection of an attorney. 37 C.F.R. §2.11.

WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL: Any response to this provisional refusal must be personally signed by an individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner). 37 C.F.R. §§2.62(b), 2.193(e)(2)(ii); TMEP §712.01. If applicant hires a qualified U.S. attorney to respond on his or her behalf, then the attorney must sign the response. 37 C.F.R. §§2.193(e)(2)(i), 11.18(a); TMEP §§611.03(b), 712.01. Qualified U.S. attorneys include those in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other U.S. commonwealths or U.S. territories. See 37 C.F.R. §§2.17(a), 2.62(b), 11.1, 11.14(a); TMEP §§602, 712.01. Additionally, for all responses, the proper signatory must personally sign the document or personally enter his or her electronic signature on the electronic filing. See 37 C.F.R. §2.193(a); TMEP §§611.01(b), 611.02. The name of the signatory must also be printed or typed immediately below or adjacent to the signature, or identified elsewhere in the filing. 37 C.F.R. §2.193(d); TMEP §611.01(b).

In general, foreign attorneys are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal). See 37 C.F.R. §11.14(c), (e); TMEP §§602.03-.03(b), 608.01.

DESIGNATION OF DOMESTIC REPRESENTATIVE: The USPTO encourages applicants who do not reside in the United States to designate a domestic representative upon whom any notice or process may be served. TMEP §610; see 15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24(a)(1)-(2). Such designations may be filed online at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

/John Salcido/

Examining Attorney

Law Office 122

571-272-7549

John.Salcido@uspto.gov

TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

Offc Action Outgoing

MTP

KARL STORZ SE & Co. KG

Offc Action Outgoing

STRICT DEADLINE TO RESPOND TO THIS LETTER

Offc Action Outgoing [image/jpeg]

Offc Action Outgoing [image/jpeg]

Offc Action Outgoing [image/jpeg]