Notice of Allowance

ONCOGUIDE

Sysmex Corporation

Official USPTO Notice of Allowance: U.S. Trademark SN 88281102: ONCOGUIDE: Docket/Reference No. 11333-958


From: TMOfficialNotices@USPTO.GOV
Sent: Tuesday, September 15, 2020 00:07 AM
To: officeactions@brinksgilson.com
Cc: jtheis@brinksgilson.com ;  saholmes@brinksgilson.com
Subject: Official USPTO Notice of Allowance: U.S. Trademark SN 88281102: ONCOGUIDE: Docket/Reference No. 11333-958



NOTICE OF ALLOWANCE (NOA)

ISSUE DATE: Sep 15, 2020

U.S. Serial Number:   88281102
Mark:   ONCOGUIDE
Docket/Reference Number:  11333-958

No opposition was filed for this published application.  The issue date of this NOA establishes the due date for the filing of a Statement of Use (SOU) or a Request for Extension of Time to file a Statement of Use (Extension Request).  WARNING: An SOU that meets all legal requirements must be filed before a registration certificate can issue.  Please read below for important information regarding the applicant's pending six (6) month deadline.

SIX (6)-MONTH DEADLINE: Applicant has six (6) MONTHS from the NOA issue date to file either:
   - An SOU, if the applicant is using the mark in commerce (required even if the applicant was using the mark at the time of filing the application, if use basis was not specified originally);  OR
   - An Extension Request, if the applicant is not yet using the mark in commerce.  If an Extension Request is filed, a new request must be filed every six (6) months until the SOU is filed.  The applicant may file a total of five (5) extension requests.  WARNING: An SOU may not be filed more than thirty-six (36) months from when the NOA issued.  The deadline for filing is always calculated from the issue date of the NOA.

How to file SOU and/or Extension Request:
Use the Trademark Electronic Application System (TEAS).  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.  Both the SOU and Extension Request have many legal requirements, including fees and verified statements; therefore, please use the USPTO forms available online at http://www.gov.uspto.report/trademarks-application-process/filing-online (under the "INTENT-TO-USE (ITU) FORMS" category) to avoid the possible omission of required information.  If you have questions about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.

For information on how to (1) divide an application; (2) delete goods/services (or entire class) with a Section 1(b) basis; or (3) change filing basis, see http://www.gov.uspto.report/trademarks-getting-started/process-overview/additional-information-post-notice-allowance-process.

FAILURE TO FILE A REQUIRED DOCUMENT OUTLINED ABOVE DURING THE APPROPRIATE TIME PERIOD WILL RESULT IN THE ABANDONMENT OF THIS APPLICATION.

REVIEW APPLICATION INFORMATION FOR ACCURACY

If you believe this NOA should not have issued or correction of the information shown below is needed, you must submit a request to the Intent-to-Use Unit.  Please use the "Post-Publication Amendment" form under the "POST-APPROVAL/PUBLICATION/POST NOTICE OF ALLOWANCE (NOA) AMENDMENT FORMS" category, available at http://www.gov.uspto.report/trademarks-application-process/filing-online/post-approvalpublicationpost-notice-allowance-noa.  Do NOT reply to this e-mail, as e-mailed filings will NOT be processed.

Serial Number: 88281102
Mark: ONCOGUIDE
Docket/Reference Number: 11333-958
Owner: Sysmex Corporation

1-5-1, Wakinohama-Kaigandori, Chuo-ku
Kobe , JAPAN   651-0073

Correspondence Address: Jennifer J. Theis
BRINKS GILSON & LIONE
P.O. BOX 10395
CHICAGO, IL, , 60610


This application has the following bases, but not necessarily for all listed goods/services:
Section 1(a): NO Section 1(b): YES Section 44(e): YES

GOODS/SERVICES BY INTERNATIONAL CLASS

001 - Chemical reagents, other than for medical or veterinary use; chemical preparations, for scientific purposes, other than for medical or veterinary use; Biochemicals for scientific or research use, namely, reagents for testing biological samples; biochemical reagents for non-medical use; enzymes for scientific and research use; Testing reagents and preparations, namely, biological sample testing reagents used for non-medical purposes; Reagents for genetic test, namely, gene mutation tests comprised of reagents for non-medical use; diluents for diluting samples or reagents for scientific or laboratory purposes, other than for medical or veterinary use; Buffer solutions used for testing of biological samples other than for medical or veterinary use; Surfactants for pretreatment of samples for genetic testing; chemical reference materials for scientific or research use; Quality control materials, namely, fluids, frozen or lyophilized materials for testing and calibrating scientific or laboratory apparatus; Emulsifying agents used for preparing emulsion for genetic testing for non-medical purposes; chemical products for forming emulsion; chemical products for breaking emulsion; magnetic beads for use in scientific or research analysis for nucleic acid isolation and/or purification ; DNA polymerase for scientific research purposes; Chemical preparations containing DNA fragments for scientific purposes; Chemical reagents for cell analysis tests for non-medical use; Chemical reagents for protein analysis tests for non-medical use; Detergents for laboratory use; Detergents for apparatus and instruments used in laboratories -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
003 - Detergents for cleaning apparatus and instruments for genetic testing; Chemical cleaning solutions for genetic testing; cleaning preparations; Cleaning solutions for apparatus and instruments for genetic testing; cleaning preparations for apparatus and instruments -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
005 - Diagnostic reagents and diagnostic preparations for medical or veterinary use; Chemical reagents for medical or veterinary use; chemical preparations for medical or veterinary purposes, namely, for testing of biological samples; Biochemical reagents for medical use , namely, diagnostic reagents for medicinal use; enzymes for use in medical analysis; Testing reagents and preparations for medical or veterinary use, namely, medical diagnostic reagents and assays for testing of body fluids including blood and/or tissues; reagents for genetic testing for medical or veterinary purposes; preparations for detecting mutations in genes for medical or veterinary purposes; diagnostic biomarker reagents for medical or veterinary use; Diluents for medical or veterinary use, namely, for diluting samples or reagents used in genetic testing; Quality control materials, namely, fluids, frozen or lyophilized materials for testing and calibrating genetic testing analyzers for medical or veterinary use; Quality control standard solutions and materials for testing and calibrating medical or veterinary apparatus, namely, artificial DNA or synthetic nucleic acid; detergents for medical or veterinary use; Cleaning solutions for medical or veterinary use, namely, for cleaning medical apparatus and instruments; Cleaning preparations for medical or veterinary use, namely, for cleaning medical apparatus and instruments; Medical diagnostic solutions, namely, sheath solutions for use in medical analysis; magnetic beads for use in medical analysis for nucleic acid isolation and/or purification; DNA polymerase for use in medical analysis; Chemical preparations containing DNA fragments for use in medical analysis for genetic testing; Chemical reagents for cell analysis tests for medical or clinical use; Chemical reagents for protein analysis tests for medical or clinical use -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
009 - Testing apparatus and instruments for scientific, research or laboratory use, namely, instruments for genetic analysis; Laboratory apparatus and instruments, namely, instruments for genetic analysis; Measuring or testing machines and instruments for use in genetic testing; laboratory apparatus and furniture for use in genetic testing; Flow cytometers providing cell and particle analysis, detection, or counting for scientific and laboratory use; particle analyzers for scientific, research or laboratory use; genetic analyzer for scientific, research or laboratory use; particle counters, namely, flow cytometers and image analyzers for scientific, research or laboratory use; Genetic testing apparatus and instruments for scientific, research or laboratory use, namely, downloadable computer software for scientific analysis of genetic sequences, and devices for detecting gene mutation; Gene amplification analyzers for scientific, research or laboratory use, namely, for genetic analysis; DNA sequencer for scientific, research or laboratory use, namely, devices and/or downloadable computer software reading DNA base sequencing; biological sample pretreatment apparatus and instruments for scientific, research or laboratory use; measurement sample preparation apparatus and instruments for scientific, research or laboratory use; pretreatment apparatus and instruments for genetic testing for scientific, research or laboratory use; Testing instruments for genetic testing, namely, thermal cyclers and/or flow cytometers for scientific, research or laboratory use; laboratory instruments for extracting nucleic acid in a biological sample for scientific, research or laboratory use; microplates for laboratory experiment; test tubes for scientific, research or laboratory use; pipette tips for scientific, research or laboratory use; Computers; Downloadable computer programs for use in the field of scientific and laboratory analysis; Downloadable computer program for use in the field of medical, clinical or diagnostic analysis; Electronic downloadable publications in the nature of magazines and manuals in the field of genetic testing; Downloadable computer programs for genetic, cell and protein analysis; Cell analysis apparatus and instruments for scientific, research or laboratory use, namely, flow cytometers, flow-based analyzers and image analyzers; Protein analysis apparatus and instruments for scientific, research or laboratory use, namely, flow cytometers, flow-based analyzers and image analyzers -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
010 - Medical and veterinary apparatus and instruments for use in sample analysis procedures; Testing apparatus and instruments for medical or clinical use for diagnostic use, namely, apparatus for medical diagnostic testing in the fields of genetic testing; diagnostic apparatus and instruments for medical or clinical use for diagnosing gene mutation; Flow cytometers for diagnostic medical or clinical use; flow-based particle analyzers providing cell and particle analysis, detection, or counting for medical or clinical use; particle counters, namely, flow cytometers or flow-based analyzers, for medical or clinical use; genetic testing apparatus and instruments for medical or clinical diagnostic use, namely, apparatus for medical diagnostic testing in the field of gene analysis; gene amplification analyzers for detecting gene mutation for medical or clinical use; DNA sequencer for medical or clinical use, namely, for gene analysis; biological sample pretreatment apparatus and instruments for medical or clinical use; measurement sample preparation apparatus and instruments for medical or clinical use; pretreatment apparatus and instruments for genetic testing for medical or clinical use, namely, body fluids including blood and/or tissue pretreatment apparatus and instruments for medical use; Dropping pipettes for medical purposes; measuring apparatus and instruments for use in medical analysis for detecting gene mutation; medical containers especially adapted and designed for use with samples for in vitro diagnosis sold empty; medical sampling bottles especially designed for use in medical analysis, namely, for collecting and/or preserving biological samples; medical devices, namely, disposable beakers especially designed for use in medical analysis, namely, blood or tissue analysis, not for laboratory use; cell analysis apparatus and instruments for medical or clinical use, namely, flow cytometers, flow-based analyzers; protein analysis apparatus and instruments for medical or clinical use, namely, flow cytometers, flow-based analyzers -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
042 - Scientific and technological research in the fields of genetic testing and oncology; scientific research, scientific analysis, and design relating thereto in the field of genetic testing and oncology; design and development of diagnostic products and service; diagnostic and analytical testing services for others, namely, performing genetic testing and diagnostic testing in the field of oncology; clinical trial services; testing services to detect or quantify gene mutations, gene variations, gene amplification, gene loss and gene fusion for scientific and research purposes; molecular biomarker testing services for scientific and research purposes; DNA sequencing services for scientific and research purposes; scientific and technological research to assist in the design, development and management of in-vitro diagnostic tests for scientific and research purposes; testing services for research in gene analysis; testing services to assist in treatment decision-making in diseases for scientific and research purposes; testing services for companion diagnostics for scientific and research purposes; testing and research relating to cell analysis for scientific purposes; Testing and research relating to protein analysis for scientific purposes; clinical laboratory testing services and reporting of results for scientific and research purposes; providing online non-downloadable computer programs for use in the field of scientific and laboratory analysis; providing online non-downloadable computer program for use in the field of medical, clinical or diagnostic analysis; providing online non-downloadable computer programs for genetic, cell and protein analysis -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE
044 - Providing medical information; medical diagnostic testing and reporting services pertaining to the monitoring, diagnosis and treatment of disease; medical diagnostic services to assist in the design, development and management of in-vitro diagnostic tests ; providing medical data/information to healthcare professionals; testing services to provide information regarding disease conditions and disease prevention for medical purposes; diagnostic services, namely, medical diagnostic testing for diseases and disorders -- FIRST USE DATE: NONE; -- USE IN COMMERCE DATE: NONE

ALL OF THE GOODS/SERVICES IN EACH CLASS ARE LISTED.




Appropriate Specimens for Goods and/or Services: A trademark specimen should be a label, tag, or container for the goods, or a display associated with the goods. See TMEP §§904.03 et seq. A service mark specimen should be an advertisement, sign, brochure, website printout or other image that shows the mark used in the actual sale or advertising of the services. See TMEP §§1301.04 et seq. For an instructional video on what is an appropriate trademark or service mark specimen for a good and/or service, click here.

Fraudulent statements may result in registration being cancelled: Applicants must ensure that statements made in filings to the USPTO are accurate, as inaccuracies may result in the cancellation of any issued trademark registration.  The lack of a bona fide intention to use the mark with ALL goods and/or services listed in an application or the lack of actual use on all goods and/or services for which use is claimed could jeopardize the validity of the registration, possibly resulting in its cancellation.

Additional information: For information on filing and maintenance requirements for U.S. trademark applications and registrations and required fees, please consult the USPTO website at http://www.uspto.gov or call the Trademark Assistance Center at 1-800-786-9199.

Checking status: To check the status of this application, go to http://tsdr.gov.uspto.report/#caseNumber=88281102&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=statusSearch  or contact the Trademark Assistance Center at 1-800-786-9199.  Please check the status of any application at least every three (3) months after the application filing date.

To view this notice and other documents for this application on-line, go to http://tsdr.gov.uspto.report/#caseNumber=88281102&caseSearchType=US_APPLICATION&caseType=SERIAL_NO&searchType=documentSearch.  NOTE: This notice will only be available on-line the next business day after receipt of this e-mail.

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