To: | Crossroads Extremity Systems (dave@maywoodip.com) |
Subject: | U.S. Trademark Application Serial No. 88244621 - MINIBUNION - CES-TM21 |
Sent: | October 07, 2019 09:04:24 PM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88244621
Mark: MINIBUNION
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Correspondence Address:
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Applicant: Crossroads Extremity Systems
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Reference/Docket No. CES-TM21
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: October 07, 2019
This Office action is in response to applicant’s communication filed on September 9, 2019.
Applicant must address the amended requirement for additional information raised below. The examining attorney apologizes for any inconvenience the delay in raising this issue has caused applicant.
The Section 2(e)(1) Refusal is maintained and continued.
Additional Information Required
(1) Explain whether the wording in the mark “MINIBUNION” has any meaning or significance in the surgical implants industry.
(2) Respond to the following questions:
· Are applicant’s identified surgical implants used to treat or correct bunionettes, “tailor’s bunions,” and/or small bunions on the outside of the foot (at the base of the little toe)?
· Are applicant’s associated surgical instrument sets used to treat or correct bunionettes, “tailor’s bunions,” and/or small bunions on the outside of the foot (at the base of the little toe)?
See 37 C.F.R. §2.61(b); TMEP §814.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
Section 2(e)(1) Refusal
This refusal is maintained and continued.
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.
How to respond. Click to file a response to this nonfinal Office action
/Yatsye I. Lee/
Trademark Examining Attorney
Law Office 107
Phone: 571-272-3897
yatsye.lee@uspto.gov (for informal inquiries)
RESPONSE GUIDANCE