To: | Pantheon Medical, LLC (trademarks@pogolaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85702580 - PANTHEON - c076953.0340 |
Sent: | 12/10/2012 10:29:51 AM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85702580
MARK: PANTHEON
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Pantheon Medical, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 12/10/2012
SUMMARY OF ISSUES that applicant must address:
SEARCH OF THE OFFICE’S DATABASE
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
Applicant must respond to the requirement(s) set forth below.
AMENDMENT OF IDENTIFICATION OF GOODS – INTERNATIONAL CLASS 10 ONLY
This requirement applies to the applicant’s International Class 10 Identification of Goods only. The applicant’s International Class 39 Identification of Services is acceptable as written.
The wording “medical and surgical instruments; medical equipment” in the identification of goods is indefinite and must be clarified because the wording does not make clear the nature of the goods provided. See TMEP §1402.01.
Applicant may adopt the following identification, if accurate:
International Class 10: Medical, surgical and orthopedic implants made of artificial and/or biological materials; medical
equipment, namely, medical and surgical instruments for use in {specify purpose or use, e.g. general surgery, orthopedic surgery, etc.}; medical equipment
International Class 10: Medical, surgical and orthopedic implants made of artificial and/or biological materials; medical and surgical instruments for use in {specify purpose or use, e.g. general surgery, orthopedic surgery, etc.}; medical equipment, namely, {indicate specific medical goods, e.g. forceps, gloves, injection needles, and knives, all for medical use}.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
/Catherine L. Roehl/
Trademark Examining Attorney
Law Office 105
(571) 272-6120
Catherine.Roehl@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.