Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  December 31, 2019

 

 

INTRODUCTION

 

This Examiner’s Amendment is in response to applicant’s communication with the trademark examining attorney on December 31, 2019.

 

In a previous Office action(s) dated June 18, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(d) for a likelihood of confusion with registered marks.  In addition, applicant was required to satisfy the following requirement:  amend the identification of goods.

 

Upon additional consideration, the trademark examining attorney notes that the following refusal has been withdrawn:  Trademark Act Section 2(d) for a likelihood of confusion with registered marks.  See TMEP §§713.02, 714.04. 

 

Application has been amended as shown below.  As agreed to by Paulo A. de Almeida on December 31, 2019, 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).

 

IDENTIFICATION AMENDMENT

 

The identification of goods is amended to read as follows:

 

Class 10: Artificial joints; Artificial surgical graft, namely, artificial bone grafts, artificial stent grafts; Bone void fillers consisting of artificial materials; Artificial jaws; Artificial bones for implantation; Artificial hip implants; Artificial teeth; Artificial limbs; Teething rings; Beds, specially made for medical purposes; Medical instruments, namely, orthopedic apparatus and instruments for diagnostic and therapeutic use; instrument cases specially adapted for orthopedic surgery instruments; Biodegradable bone fixation implants; Surgical instruments for spinal surgery, orthopedic devices and instruments for diagnostic and therapeutic purposes; Orthopedic articles, namely, orthopedic knee bandages, orthopedic footwear; Suture materials; Spinal implants composed of artificial material; non-chemical contraceptive apparatus; Bone implants composed of artificial materials

 

See TMEP §§1402.01, 1402.01(e).

 

 

 

 

/Justine N. Burke/

Justine N. Burke

Trademark Examining Attorney

Law Office 121

571-270-1631

Justine.Burke@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on December 31, 2019 for

U.S. Trademark Application Serial No. 88376346

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Justine N. Burke/

Justine N. Burke

Trademark Examining Attorney

Law Office 121

571-270-1631

Justine.Burke@uspto.gov  

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”