Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

EXAMINER’S AMENDMENT

Issue date:  November 08, 2019

Application has been amended as shown below.  As agreed to by Lisa Hart on November 5, 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).

AMENDMENT OF IDENTIFICATION OF GOODS AND SERVICES

The identification of goods and services is amended to read as follows: 

“Ophthalmic preparations; pharmaceutical preparations for the external treatment of hay fever; contrast media used intravenously as an aid to visualize abnormal conditions in the body and as a means of determining circulation time in the blood; contact lens wetting and soaking solutions; a mixture of water soluble polymers sold as an ingredient in ophthalmic preparations; decongestants; ophthalmic pharmaceutical solutions for the treatment of dry eye; solutions for use with contact lenses; otorhinolaryngological preparations; vitamins and mineral preparations for ophthalmic use; contact lens cleaning preparations; vials and tubes sold filled with ophthalmic pharmaceutical preparations; drop dispensing devices sold filled with ophthalmic pharmaceutical preparations,” in International Class 5.

“Contact lenses; computer hardware and downloadable software for use in medical office management; contact lens cases for use in the cleaning, soaking and storage of contact lenses,” in International Class 9.

“Surgical drapes, namely, disposable ophthalmic eye drapes; surgical sponges; surgical apparatus and instruments for ophthalmic surgery, namely phacoemulsifiers, vitreoretinal surgical devices and lasers; surgical sutures and suture needles for ophthalmic surgery; surgical kits comprising surgical sutures and suture needles for ophthalmic surgery; instruments for ophthalmic surgery, namely, drainage tubes, ophthalmic surgical sponges, probes, infusion sleeves, irrigation/aspiration cannulae, light shields, light emitting diode (LED) apparatus for lighting, incorporated into medical instruments, cannulae, forceps, scissors and medical trays for carrying, storage and sterilization of surgical instruments; ophthalmic surgical kits comprising drainage tubes, disposable eye drapes, ophthalmic surgical sponges, probes, infusion sleeves, irrigation/aspiration cannulae, light shields, light emitting diode (LED) apparatus for lighting, incorporated into medical instruments, cannulae, forceps, scissors and medical trays for carrying, storage and sterilization of surgical instruments; intraocular lenses; optometric instruments for the insertion of intraocular lenses; surgical instruments and apparatus for use in ophthalmic surgery; microscopes for surgical operations and structural parts therefore,” in International Class 10.

“Advertising; business management; business administration for others; providing office functions,” in International Class 35.

“Building construction; repair of surgical equipment; installation of surgical equipment,” in International Class 37.

“Educational services, namely, conducting classes, seminars, conferences, and workshops in the field of vision care; training services in the field of ophthalmology; organizing exhibitions for cultural purposes,” in International Class 41.

See TMEP §§1402.01, 1402.01(e).

/John M. Gartner/

Trademark Examining Attorney

Law Office 102

(571) 272-9255

john.gartner@uspto.gov (informal correspondence)

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on November 08, 2019 for

U.S. Trademark Application Serial No. 88378223

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. 

/John M. Gartner/

Trademark Examining Attorney

Law Office 102

(571) 272-9255

john.gartner@uspto.gov (informal correspondence)

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.”