To: | Engage Uni LLC (dave@maywoodip.com) |
Subject: | U.S. Trademark Application Serial No. 88331295 - AFFINIUM3D - ENG-TM2 |
Sent: | March 11, 2020 08:16:50 AM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88331295
Mark: AFFINIUM3D
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Correspondence Address: |
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Applicant: Engage Uni LLC
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Reference/Docket No. ENG-TM2
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: March 11, 2020
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by David Meibos on March 10, 2020, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
PLEASE NOTE: In its February 12, 2020 response, the applicant argued that its proposed mark was not confusingly similar to the cited registration because of differences between the respective marks, the goods, the channels of trade in which the goods travel and the sophistication of the relevant consumers. After considering the applicant’s arguments in light of the amended identification below, the prior Section 2(d) refusal for U.S. Registration No. 3938734 is hereby deemed OVERCOME.
Amendment of the Identification of Goods for International Class 010
The identification of goods for International Class 010 is amended to read as follows:
Three-dimensional porous implant coating used to foster bone in-growth specifically for use on articulating knee replacement implants comprised of artificial materials and sold through a network of hospital-based representatives.
See TMEP §§1402.01, 1402.01(e).
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
If the applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/teas/eFilingTips.htm and email technical questions to TEAS@uspto.gov.
If the applicant or its appointed attorney has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michael Tanner/
Michael Tanner
Trademark Attorney
Law Office 119
Telephone: 571-272-9706
Email: Michael.Tanner@uspto.gov