To: | NUVASIVE, INC. (ip@nuvasive.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86711404 - MAGEC - 726US2 |
Sent: | 7/11/2016 2:37:20 PM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86711404
MARK: MAGEC
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: NUVASIVE, INC.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 7/11/2016
APPLICATION HAS BEEN REINSTATED
This Office action is in response to applicant’s communication filed on 5/27/2016. The application has been revived. As a result, the trademark examining attorney has re-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).
The applicant amended the identification of goods, added a class of goods, and stated that “MAGEC” has no meaning in the trade. With the amendment below, these amendments are acceptable.
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by the applicant’s attorney, Jennifer Russell, on July 11, 2016, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. Otherwise, no response is necessary. TMEP §707. Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.
IDENTIFICATION OF GOODS
In Class 10, the identification of goods is amended to read as follows:
“Medical devices, namely, devices for preventing and/or managing orthopedic deformities, trauma and/or diseases; Medical devices, namely, minimally or non-invasive medical devices in the nature of adjustable orthopedic implants comprised of non-living material, responsive to magnetic stimuli, and external magnetic remote controls, sold together as a unit.”
See TMEP §§1402.01, 1402.01(e).
/Esther A. Belenker/
Trademark Examining Attorney
Law Office 111
(571) 272-9125
Fax: (571) 273-9125
esther.belenker@uspto.gov
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 Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.