To: | Qiagen GmbH (intprop@ssmp.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88030446 - QIASTAT-DX - 2811/1008 |
Sent: | 10/31/2018 12:46:29 PM |
Sent As: | ECOM114@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88030446
MARK: QIASTAT-DX
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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: Qiagen GmbH
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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PRIORITY 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: 10/31/2018
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’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).
ISSUES APPLICANT MUST ADDRESS: On October 31, 2018, the trademark examining attorney and KEITH A. WELTSCH discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
In class 10, the applicant must specify the use of the analyzers and the nature of the medical diagnostic apparatus, testing instruments, and apparatus for carrying out diagnostic tests.
For easier reference, the goods requiring amendment and the suggested amendments are shown in bold and italics.
Applicant may adopt the following wording, if accurate:
Chemical, biochemical and biotechnological reagents for industrial and scientific purposes; non-medical reagents, enzymes and buffer solutions for scientific and/or medical research use; Chemical reagents for sample preparation, modification and manipulation of cells and for marking, separating, isolating, purifying, duplicating, sequencing and/or for the analysis of biopolymers, in particular nucleic acids, proteins, macromolecules and biologically active substances, in international class 1;
Diagnostic preparations for medical or veterinary purposes; diagnostic preparations for sample preparation, modification and manipulation of cells and for marking, separating, isolating, purifying, duplicating, sequencing and/or for the analysis of biopolymers, in particular nucleic acids, proteins, macromolecules and biologically active substances; cartridges sold pre-filled with reagents and/or liquids for medical and medical diagnostic use; cartridges sold pre-filled with reagents for sample preparation and analysis for medical or veterinary diagnostic use; Single-use cartridges for medical diagnostic purposes, containing reagents and/or liquids for sample preparation, modification and manipulation of cells and for marking, separating, isolating, purifying, duplicating, sequencing and/or for the analysis of biopolymers; cartridges sold pre-filled with reagents for breaking of cell material, nucleic acid purification, amplification and hybridization for medical or medical diagnostic use, in international class 5;
Single-use cartridges for clinical laboratory use; Single-use cartridges for clinical laboratory use containing nucleic acid extraction column and/or real time Polymerase Chain Reaction chambers, in international class 9;
Medical diagnostic apparatus and instruments for (SPECIFY use/function, e.g., analyzing blood for detecting cancer, etc.); Analyzers for medical use for analyzing (SPECIFY use, e.g., blood, etc.); Analyzers for medical diagnosis for analyzing (SPECFY use, e.g., bodily fluids, etc.); Medical and clinical diagnosis apparatus and machines, namely, molecular and immunoassay analyzers for analyzing blood and bodily fluids; Testing instruments for medical diagnostic purposes, namely, (SPECIFY type of goods, e.g., aesthesiometers for sensory testing, etc.); Apparatus for carrying-out diagnostic tests for medical purposes for testing (SPECIFY condition or subject matter tested, e.g., blood sugar levels, cancer cells, DNA, etc.), in international class 10.
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or to 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.
BASIS
Unless applicant indicates otherwise, the USPTO will presume that applicant is relying on both Sections 1(b) and 44(e). Thus, although the mark may be approved for publication, it will not register until an acceptable allegation of use has been filed for the goods and/or services based on Section 1(b).
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.
/Alex Seong Keam/
Attorney-Advisor
Law Office 114
Phone: (571) 272-9176
Fax for Responses: (571) 273-9114
Email: alex.keam@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.