Suspension Letter

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  July 02, 2019

 

On June 05, 2019 action on this application was suspended pending the disposition of U.S. Application Serial No. 87554737.  The referenced pending application has abandoned and is no longer a potential bar to the registration of applicant’s mark.

 

However, the application is re-suspended for the reason(s) specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

Application suspended until submission of foreign registration or proof that foreign registration was renewed.  Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a).  Action on the application is suspended until the USPTO receives a copy of such foreign registration or proof that the foreign registration was renewed.  TMEP §§716.02(b), 1003.04.  Applicant must also provide an English translation if the foreign registration or renewal document is not in English.  37 C.F.R. §2.34(a)(3)(ii)-(iii). 

 

If the foreign application abandons or the foreign registration is not renewed, applicant should promptly notify the trademark examining attorney.  See TMEP §§1003.08, 1004.01(a).  In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable.  TMEP §§1003.08, 1004.01(a).

 

Requirement maintained and continued: Identification of Goods.

 

In response to this requirement, applicant amended the identification of goods.  However, as explained in the previous Suspension notice, the wording “all of the foregoing for use in connection with a fluorescence multi-analyte immunoassay system for medical diagnostic and research use and not for use in connection with detecting nucleic acid” is still indefinite and needs to be clarified because it does not identify the specific medical condition or deceases being treated.   Similarly, the wording “Pharmaceutical and veterinary products, namely, fluorescence multi-analyte immunoassay system for medical diagnostic and research use; clinical diagnostic assays for medical purposes, namely, identifying and diagnosing of diseases” is indefinite and needs to be clarified because it does not identify the specific medical condition or deceases being treated.

 

Moreover, applicant has classified “laboratory apparatus for diagnosing, monitoring, and treating diseases” in Class 10; however, the proper classification is Class 09. Therefore, applicant may respond by (1) adding International Class 09 to the application and reclassifying these goods in the proper international class, (2) deleting “laboratory apparatus” from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified goods in the proper international class.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.  If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in the first Office action.

 

Therefore, the requirement to clarify the identification of goods is continued and maintained.  

 

This requirement(s) will be made final once this application is removed from suspension, unless a new issue arises.  See TMEP §716.01.

 

Suspension process.  The USPTO will periodically check this application to determine if it should remain suspended.  See TMEP §716.04.  As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension.  TMEP §716.05. 

 

No response required.  Applicant may file a response, but is not required to do so. 

 

 

/Miroslav Novakovic/

Trademark Examining Attorney

Law Office 108

(571) 272-2866

miroslav.novakovic@uspto.gov

 

 

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 02, 2019 for

U.S. Trademark Application Serial No. 88071814

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Miroslav Novakovic/

Trademark Examining Attorney

Law Office 108

(571) 272-2866

miroslav.novakovic@uspto.gov

 

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”