To: | Altavant Sciences GmbH (ricketts-docket@fzlz.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88339647 - AAA - ALSG 1904154 |
Sent: | 5/31/2019 7:31:35 PM |
Sent As: | ECOM102@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88339647
MARK: AAA
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Altavant Sciences GmbH
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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: 5/31/2019
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 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.
No Conflicting Marks Noted
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).
Identification of Goods and Services
The Class 44 identification of services is acceptable as filed.
The Classes 5 and 42 identification of goods and services is indefinite and must be clarified. See TMEP §1402.01. Applicant must specify the nature of the goods and services as well as their main purpose and their field of use or channels of trade.
The present identification specifies:
IC 005: Pharmaceutical preparations for human use; biologic preparations for medical and therapeutic purposes;
IC 042: Scientific and technological services and research and design relating thereto; pharmaceutical, biomedical and biological therapeutic research services; research in the fields of pharmaceutical and biologic therapeutic preparations, clinical trials and post-market trials; pharmaceutical research and development; providing scientific research information in the fields of pharmaceuticals, biomedicine, clinical trials and post-market trials
IC 044: Providing health and medical information; providing information relating to the diagnostic, prophylactic and therapeutic properties of pharmaceutical preparations and biologic preparations for the prevention and treatment of diseases, disorders and conditions.
In the Class 5 identification, the wording “Pharmaceutical preparations for human use; biological preparations for medical or therapeutic purposes” is indefinite and must be clarified because the purpose of the preparations must be explicitly stated per U.S. regulations. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
In the Class 42 identification, the terms “Scientific and technological services and research and design relating thereto,” “research in the fields of pharmaceutical and biologic therapeutic preparations, clinical trials and post-market trials” are indefinite as the type of research being done must be explicit and if applicant’s “scientific and technological services” are not “scientific research and design then the applicant must explicitly state they type of scientific service being offered. The applicant must also clarify the nature of the “post market trials.”
Applicant may substitute the following wording, if accurate:
Class 5: Pharmaceutical preparations for human use for {please list all of the specific uses of the preparations, e.g., wounds, treating sunburn, treating dandruff, use in chemotherapy}; biologic preparations for medical and therapeutic purposes for the treatment of { please list all of the specific uses of the preparations, e.g., wounds, treating sunburn, treating dandruff, use in chemotherapy};
Class 42: Scientific and technological services, namely, scientific research and design of {please specify applicant’s class 42 scientific research and design services, e.g. medical, biomedical and pharmaceutical research and
design services} relating thereto; pharmaceutical, biomedical and biological therapeutic research services; Scientific research in the
fields of pharmaceutical and biologic therapeutic preparations, clinical trials and clinical trials carried out after the introduction of medicines on the market; pharmaceutical
research and development; providing scientific research information in the fields of pharmaceuticals, biomedicine, clinical trials and clinical trials carried out after the
introduction of medicines on the market;
[ACCEPTABLE AS FILED] Class 44: Providing health and medical information; providing information relating to the diagnostic, prophylactic and therapeutic properties of pharmaceutical preparations and biologic preparations for the prevention and treatment of diseases, disorders and conditions.
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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.
Mark Description
Applicant must submit an amended description of the mark that agrees with the mark on the drawing. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. The current description is inconsistent with the mark on the drawing and thus is inaccurate. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. Descriptions must be accurate and identify only those literal and design elements appearing in the mark. See 37 C.F.R. §2.37; TMEP §§808.02, 808.03(d).
The following description is suggested, if accurate: The mark consists of design of three overlapping stylized letters "A."
/Rudy R. Singleton/
U.S. Patent and Trademark Office
Trademark Examining Attorney, Law Office 102
571-272-9262
RUDY.SINGLETON@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.