To: | Tosoh Bioscience LLC (rklein@faysharpe.com) |
Subject: | U.S. Trademark Application Serial No. 88321470 - LENS - TOSB5006US01 |
Sent: | December 09, 2019 08:46:54 PM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88321470
Mark: LENS
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Correspondence Address: |
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Applicant: Tosoh Bioscience LLC
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Reference/Docket No. TOSB5006US01
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
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: December 09, 2019
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. 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.
This action responds to applicant’s communication filed November 12, 2019, wherein applicant provided an acceptable amendment to the identification of goods and argued against the refusal under Trademark Act Section 2(e)(1). While applicant’s arguments against the refusal have been carefully considered, that refusal is MAINTAINED AND CONTINUED and applicant’s arguments raise the non-final NEW ISSUE addressed below. Applicant must respond timely and completely to the issue(s) below. See 37 C.F.R. §2.64(a); TMEP §714.04.
EXPLANATION OF MARK’S SIGNIFICANCE AND ADDITIONAL INFORMATION REQUIRED
To permit proper examination of the application, applicant must provide the following information:
(1) Explain whether the wording in the mark “LENS” has any meaning or significance in the industry in which the goods are manufactured/provided, any meaning or significance as applied to applicant’s goods, or if such wording is a term of art within applicant’s industry.
(2) Respond to the following questions:
Do the goods contain a lens lenses?
Do the goods work and/or function with a lens or lenses?
Do the goods perform the function of a lens?
Can a lens be attached to the goods or otherwise used with the goods?
See 37 C.F.R. §§2.32(a)(9)-(a)(10), 2.61(b); TMEP §§809-809.03, 814.
Additionally, to permit proper examination of the application, applicant must submit additional product information about applicant’s goods. See 37 C.F.R. §2.61(b); TMEP §814. The requested product information should include fact sheets, instruction manuals, and/or advertisements. If these materials are unavailable, applicant should submit similar documentation for goods of the same type, explaining how its own product will differ. If the goods feature new technology and no competing goods are available, applicant must provide a detailed description of the goods.
Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade. Conclusory statements regarding the goods will not satisfy this requirement.
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.
How to respond. Click to file a response to this nonfinal Office action.
/SeanCrowley/
Examining Attorney
Law Office 116
U.S. Patent and Trademark Office
571.272.8851
sean.crowley@uspto.gov
RESPONSE GUIDANCE