Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

NONFINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this Office action. 

 

 

Issue date:  April 29, 2020

 

The statement of use has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SUMMARY OF ISSUES:

 

• Additional Evidence Required

 

ADDITIONAL EVIDENCE REQUIRED

 

The application indicates applicant is using its mark on a full line of pharmaceutical preparations; however, no evidence of such use has been provided.  To rely on the broader “full line of” language in an identification, an applicant must provide evidence of use of the mark in connection with pharmaceuticals to treat diseases or health problems in all chapters in the World Health Organization (WHO) International Statistical Classification of Diseases and Related Health Problems (ICD), a medical classification system that provides codes to classify diseases and health conditions.  TMEP §§904.01(a), 1402.03(c); see 37 C.F.R. §2.61(b). 

 

To comply with this requirement, applicant must submit product catalogs or similar materials to show that applicant uses the applied-for mark in connection with pharmaceuticals to treat diseases or health problems in all chapters in the WHO ICD.  TMEP §§904.01(a), 1402.03(c); see 37 C.F.R. §2.61(b); see also In re Astra Merck Inc., 50 USPQ2d 1216, 1218-19 (TTAB 1999) (affirming a requirement for proof of broad use on a full line of pharmaceuticals to secure a registration for a full line). 

 

If applicant cannot provide such evidence, applicant may amend “full line of pharmaceuticals” to identify a full line of a subset or category of pharmaceuticals (e.g., “a full line of anti-viral cardiovascular pharmaceuticals”) on which applicant can provide evidence of use of the applied-for mark.  See TMEP §1402.03(c).

 

Otherwise, if applicant does not provide sufficient evidence of use on a full line of pharmaceuticals or on a full line of a subset or category of pharmaceuticals, applicant must amend the identification to (1) delete “full line of” and (2) specify the common commercial or generic name of each pharmaceutical product, if not already specified.  See id.

 

RESPONSE GUIDELINES

 

How to respond.  Click to file a response to this nonfinal Office action 

 

For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement, applicant should set forth the changes or statements.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.

 

 

/David A. Brookshire/

Examining Attorney

Law Office 114

(571) 272-7991

David.Brookshire@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on April 29, 2020 for

U.S. Trademark Application Serial No. 88384955

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

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

 

 

/David A. Brookshire/

Examining Attorney

Law Office 114

(571) 272-7991

David.Brookshire@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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from April 29, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

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.”