To: | Octapharma AG (trademarkdocket@venable.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88247339 - DREAM...DO...GROW! - 37385-496248 |
Sent: | 3/27/2019 4:06:10 PM |
Sent As: | ECOM120@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88247339
MARK: DREAM...DO...GROW!
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: Octapharma AG
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
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: 3/27/2019
Search of Office’s Database of Marks
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).
Summary of Issues:
Identification of Goods and Services
The identification of goods is indefinite and must be clarified for the following reasons:
o The wording “Pharmaceuticals and pharmaceutical preparations, especially for people with bleeding disorders” must specify that the goods are pharmaceuticals and pharmaceutical preparations for treating bleeding disorders in people.
o The wording “Pharmaceutical products, in particular blood plasma preparations, plasma derivatives, coagulation factors, growth factors, proteins derived from plasma and medicines, especially containing immunoglobulin” must specify that the goods are pharmaceutical preparations and that they are blood plasma, blood plasma derivatives, blood plasma coagulation factors, blood plasma growth factors, proteins derived from blood plasma and medicines. Also, this wording must specify the disease or condition that the pharmaceutical preparations are intended to treat.
o The wording “Medical services, particularly medical services of a blood donation center, medical consultancy services, health care consultancy services (medical), especially for people with bleeding disorders” must specify that the services are medical services, namely, medical services provided at a blood donation center, medical consultancy services in the nature of consulting services in the field of medical care, and health care consultancy services in the nature of consulting services in the field of medical care.
See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following identification, if accurate (changes in bold):
International Class 5: Pharmaceuticals and pharmaceutical preparations for treating
bleeding disorders in people; Pharmaceutical preparations, namely, blood plasma, blood plasma derivatives, blood plasma coagulation factors, blood plasma growth factors, proteins derived from blood plasma and medicines, all for treating {specify the disease or condition being treated} and containing immunoglobulin
International Class 35: Public relations services
International Class 44: Medical services, namely, medical services provided at a blood
donation center, medical consultancy services in the nature of consulting services in the field of medical care, and health care consultancy services in the nature of consulting services in the field of medical care, especially for people with bleeding disorders; medical information services, especially for people with bleeding disorders; medical consultancy services in the nature of consulting services in the field of medical care, especially for people with bleeding disorders
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.
Clarification of Signature Required – Date of Signing of Application Omitted
The application does not fully set forth the date the application was signed (please note that in the January 22, 2019 filing, the year of signature was not filled in on the signature form just above the signature); therefore, applicant must provide this date. TMEP §804.01(b); see 37 C.F.R. §§2.33(c), 2.61(b), 2.76(g), 2.88(g). For more information about this, see the Verified statement webpage.
To provide the date of signing. After opening the correct TEAS form, answer “yes” to wizard question #3, and on the next page of the form, in the “Additional Statement(s)” section, check the box for “Miscellaneous Statement,” and enter in the text field for the “Miscellaneous Statement” the date the application, AAU, or SOU was signed. Alternatively, to submit a new verified statement, answer “yes” to wizard question #10, and follow the instructions within the form for signing. In the case of a new verified statement, the form will require two signatures: one in the “Declaration Signature” section and one in the “Response Signature” section.
Response Options
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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.
/Jessica Hilliard/
Jessica Hilliard
Examining Attorney, Law Office 120
Ph: 571-272-4031
Jessica.Hilliard@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.