United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 79266279
Mark: ZEPIZURE
|
|
Correspondence Address: |
|
Applicant: CROSSJECT
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
International Registration No. 1484944
Notice of Provisional Full Refusal
Deadline for responding. The USPTO must receive applicant’s response within six months of the “date on which the notification was sent to WIPO (mailing date)” located on the WIPO cover letter, or the U.S. application will be abandoned. To confirm the mailing date, go to the USPTO’s Trademark Status and Document Retrieval (TSDR) database, select “US Serial, Registration, or Reference No.,” enter the U.S. application serial number in the blank text box, and click on “Documents.” The mailing date used to calculate the response deadline is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
Respond to this Office action using the USPTO’s Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Discussion of provisional full refusal. This is a provisional full refusal of the request for extension of protection to the United States of the international registration, known in the United States as a U.S. application based on Trademark Act Section 66(a). See 15 U.S.C. §§1141f(a), 1141h(c).
Search Results: No Conflicting Marks
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Requirement: Identification of Goods Clarification
Suggested Identification
Instructions and suggested changes are shown in bold text. Applicant may adopt the following identification, if accurate:
IC 5: Pharmaceutical and veterinary products, namely, {specify the type of pharmaceutical and veterinary products in International Class 5, e.g., pharmaceutical preparations for the treatment of [specify disease to be treated], veterinary vaccines, veterinary pharmaceutical preparations for the prevention of [specify disease to be prevented]}; sanitary products for medical purposes, namely, {specify the type of sanitary products for medical purposes, e.g., sanitary preparations for medical purposes, sanitary sterilizing preparations}; dietetic food for medical or veterinary use and dietetic substances for medical or veterinary use, namely, {specify the type of dietetic substances for medical or veterinary use, e.g., dietetic sugar for medical or veterinary use, dietetic infusions for medical or veterinary use, dietetic beverages adapted for medical or veterinary use}; food supplements for humans and animals; disinfectants; chemical preparations for medical or pharmaceutical use, namely, for {specify disease or condition to be prevented or treated or the health goal to be achieved}; medicinal herbs; parasiticides
IC 10: Surgical, medical, dental and veterinary apparatus and instruments, namely, {specify the type of surgical, medical, dental and veterinary apparatus and instruments in International Class 10, e.g., surgical instruments and apparatus, medical syringes, dental drills}; artificial limbs, eyes and teeth; orthopedic articles, namely, {specify the type of orthopedic articles in International Class 10, e.g., orthopedic walkers, orthopedic supports, orthopedic braces}; suture materials; {specify the type of prostheses in International Class 10, e.g., joint, dental, hip} prostheses; artificial implants
Identification Advisories
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.
Requirement: U.S.-Licensed Attorney
Applicant must be represented by a U.S.-licensed attorney at the USPTO to respond to or appeal the provisional refusal. An applicant whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory. 37 C.F.R. §§2.11(a), 11.14; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019). An individual applicant’s domicile is the place a person resides and intends to be the person’s principal home. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. A juristic entity’s domicile is the principal place of business; i.e., headquarters, where a juristic entity applicant’s senior executives or officers ordinarily direct and control the entity’s activities. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. Because applicant is foreign-domiciled, applicant must appoint such a U.S.-licensed attorney qualified to practice under 37 C.F.R. §11.14 as its representative before the application may proceed to registration. 37 C.F.R. §2.11(a). See Hiring a U.S.-licensed trademark attorney for more information.
To appoint or designate a U.S.-licensed attorney. To appoint an attorney, applicant should submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form. The newly-appointed attorney must submit a TEAS Response to Examining Attorney Office Action form indicating that an appointment of attorney has been made and address all other refusals or requirements in this action, if any. Alternatively, if applicant retains an attorney before filing the response, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
How to respond. Click to file a response to this nonfinal Office action
/Tina Brown/
Trademark Examining Attorney
Law Office 118
E: tina.brown@uspto.gov
T: 571-272-8864
RESPONSE GUIDANCE