To: | Alcon Inc. (tm.services@alcon.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88378223 - ALCON - TMA039540-US |
Sent: | 6/20/2019 6:08:58 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. 88378223
MARK: ALCON
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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: Alcon Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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PRIORITY 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: 6/20/2019
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.
DATABASE SEARCH
The trademark examining attorney has searched the USPTO’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).
ISSUES APPLICANT MUST ADDRESS
On June 20, 2019, the trademark examining attorney and Lisa Hart discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
IDENTIFICATION OF GOODS AND SERVICES
Applicant may adopt the following identification, if accurate:
“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 solutions for [specify, e.g., “contact lenses”]; solutions for use with contact lenses; otorhinolaryngological preparations; vitamins and mineral preparations for ophthalmic use,” in International Class 5.
“Contact lenses; computer hardware and [specify “downloadable” or “recorded”] 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.
“[specify the common commercial name for “outer containers . . . for ophthalmic preparations”]; dropper bottles for administering ophthalmic preparations, sold empty; 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, [specify, e.g., “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 [specify, e.g., “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 [indicate specific item, e.g., automobiles, furniture, watches]; installation of [indicate specific area or item, e.g. electrical systems, appliances, windows],” in International Class 37.
“Educational services, namely, conducting [indicate specific modes of instruction, e.g., classes, seminars, conferences, workshops, field trips] in the field of [indicate subject matter or fields of educational activity]; training services in the field of [indicate field or subject matter]; entertainment in the nature of [specify, e.g., “dance performances,” “football games,” etc.]; organizing [specify, e.g., “conventions,” “exhibitions”] for [indicate particular cultural and sporting purpose],” in International Class 41.
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.
QUESTIONS
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusals or requirements in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
/John M. Gartner/
Trademark Examining Attorney
Law Office 102
(571) 272-9255
john.gartner@uspto.gov (informal correspondence)
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.