To: | WINNER Medical CO., LTD. (qianlimaip@163.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87677547 - DIMORA - N/A |
Sent: | 4/6/2018 2:15:47 PM |
Sent As: | ECOM123@USPTO.GOV |
Attachments: | Attachment - 1 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87677547
MARK: DIMORA
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CORRESPONDENT ADDRESS: SHENZHEN QIANLIMA INTELLECTUAL PROPERTY Room 2909,Foreign Trade Group Building |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: WINNER Medical CO., LTD.
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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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 4/6/2018
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on March 1, 2018.
In a previous Office action dated February 28, 2018, the applicant was required to satisfy the following requirement(s): Translation of Foreign Wording Required and TEAS Plus Status Filing Requirement Not Met- Additional Filing Fee Required.
Based on applicant’s response, the trademark examining attorney maintains and now makes final the refusal in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
TRANSLATION OF FOREIGN WORDING REQUIRED
The refusal to register the applied-for mark in International Class 5 is now made final because the record does not contain an English translation of all foreign wording in the mark. 37 C.F.R. §§2.32(a)(9), 2.61(b); see TMEP §809.
In the applicant’s response, the applicant submitted a statement that the term “DIMORA” has no meaning in a foreign language; however, the attached evidence from http://dizionari.repubblica.it/Italiano-Inglese/D/dimora.php shows that “DIMORA” does in fact translate to “dwelling” in English. Therefore, the applicant is required to submit an accurate translation for the record.
The following translation statement is suggested:
The English translation of the word “DIMORA” in the mark is dwelling.
TMEP §809.03. See attached translation evidence http://dizionari.repubblica.it/Italiano-Inglese/D/dimora.php.
TEAS PLUS STATUS FILING REQUIREMENT NOT MET
In the February 28, 2018 Office action, the applicant was required to pay an additional fee for failing to meet TEAS Plus application filing requirements. In its response, the applicant did not address this issue, and thus the requirement is maintained and made final as follows. See 37 C.F.R. §§2.6(a)(1)(v), 2.22(a), (c); TMEP §§819.01 et seq., 819.04.
The additional fee is required even if applicant later corrects these application requirements.
RESPONSE GUIDELINES
(1) a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirement and/or resolves all outstanding refusals; and/or
(2) an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.
37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). There is a fee required for filing a petition. 37 C.F.R. §2.6(a)(15).
ASSISTANCE
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
/Karen S. Derby/
Karen S. Derby
Examining Attorney
U.S. Patent and Trademark Office
Law Office 123
Karen.Derby@uspto.gov
571.270.7070
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.