To: | CELLTRION, INC. (kslefiletm@hdp.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88009871 - CELLTRION - 15234-009-01 |
Sent: | 10/10/2018 5:48:06 PM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88009871
MARK: CELLTRION
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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: CELLTRION, INC.
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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: 10/10/2018
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
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).
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
Applicant may substitute the following wording, if accurate:
Class 005: Vaccines; medicines for sensory organs, namely, pharmaceutical preparations for the treatment and prevention of disorders of sensory organ; agents affecting peripheral nervous system, namely, pharmaceutical preparations for the treatment and prevention of disorders of the peripheral nervous system; agents for immunity adjustment, namely, pharmaceutical preparations for the prevention and treatment of disorders of the immune system; biological preparations FOR THE _____ (SPECIFY, e.g., PREVENTION, TREATMENT) OF _____ (SPECIFY THE DISEASE OR PHYSICAL CONDITION, e.g., CANCER) for medical purposes; amino acids for medical purposes; antibiotic preparations; agents for respiratory organs, namely, pharmaceutical preparations for the prevention and treatment of disorders of respiratory organs; chemotherapeutics; reagents for measuring Hepatitis B Surface antibody, namely, medical diagnostic reagents for detecting Hepatitis B surface antibody; diagnostic preparations for medical use; AIDS, acquired immune deficiency syndrome diagnostic agents, namely, diagnostic preparation for medical use; AIDS, acquired immune deficiency syndrome vaccines; agents affecting central nervous system, namely, pharmaceutical preparations for the treatment and prevention of disorders of the nervous system; veterinary vaccines; agents for tumor treatment, namely, pharmaceutical preparations for the treatment of tumor; agents for urogenital organs, namely, pharmaceutical preparations for the treatment and prevention of disorders of urogenital organs; kits for protein test, namely, diagnostic kits, namely, primary reagents for detecting the presence of a protein related to a disease; kits for gene test, namely, diagnostic kits, namely, primary reagents for detecting the presence of a gene related to a disease; biopharmaceuticals for the treatment and prevention of infectious diseases, tumor-related diseases, auto-immune diseases, hormone-deficiency diseases; biopharmaceutical preparations, namely, polypeptides, proteins, monoclonal antibodies, hormones for the treatment and prevention of infectious diseases, tumor-related diseases, auto-immune diseases, hormone deficiency diseases; biotherapeutic preparations and substances FOR THE _____ (SPECIFY, e.g., PREVENTION, TREATMENT) OF _____ (SPECIFY THE DISEASE OR PHYSICAL CONDITION, e.g., CANCER) for medical purposes; biotechnological preparations FOR THE _____ (SPECIFY, e.g., PREVENTION, TREATMENT) OF _____ (SPECIFY THE DISEASE OR PHYSICAL CONDITION, e.g., CANCER) for medical purposes; pharmaceuticals FOR THE _____ (SPECIFY, e.g., PREVENTION, TREATMENT) OF _____ (SPECIFY THE DISEASE OR PHYSICAL CONDITION, e.g., CANCER); chemical preparations for pharmaceutical purposes, namely, chemical reagents for medical purposes; chemico-pharmaceutical preparation FOR THE _____ (SPECIFY, e.g., PREVENTION, TREATMENT) OF _____ (SPECIFY THE DISEASE OR PHYSICAL CONDITION, e.g., CANCER)
The USPTO has the discretion to determine the degree of particularity needed to clearly identify goods and/or services covered by a mark. In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d 1593, 1597 (TTAB 2014) (citing In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir. 2007)). Accordingly, the USPTO requires the description of goods in a U.S. application to be specific, definite, clear, accurate, and concise. TMEP §1402.01; see In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d at 1597-98; Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954). Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
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.
/Christina Sobral/
Christina Sobral
Trademark Examining Attorney
Law Office 109
Christina.Sobral@uspto.gov
571.272.5703
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.