To: | KYOCERA Corporation (trademark@hsml.com) |
Subject: | U.S. Trademark Application Serial No. 88400296 - AQUALA BIOMIMETIC TECHNOLOGY - 20783.24US01 |
Sent: | October 08, 2019 04:35:43 PM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88400296
Mark: AQUALA BIOMIMETIC TECHNOLOGY
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Correspondence Address: HAMRE, SCHUMANN, MUELLER & LARSON, P.C. 45 SOUTH SEVENTH STREET, SUITE 2700
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Applicant: KYOCERA Corporation
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Reference/Docket No. 20783.24US01
Correspondence Email Address: |
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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: October 08, 2019
This Office action is in response to applicant’s communication filed on September 5, 2019.
The examining attorney has reviewed the applicant’s response and determined the following:
1) The statement regarding the significance of the mark is accepted and made of record.
2) The disclaimer is accepted and made of record.
3) The identification of goods requirement is maintained for the reasons stated below.
4) The color claim requirement and description of mark requirement are maintained for the reasons stated below.
The amended identification of goods is unacceptable because some wording is indefinite and it identifies goods outside the scope of the original identification.
The goods “slings for medical use” and “articular liners” are outside the scope of the original identification because these goods are not listed in the original wording.
The wording “dental machines, apparatus and instruments, namely, dental X-RAY CT scanner, power tools for dental surgical use, instruments for fitting dental implants is indefinite. Applicant must amend this wording to list the items comprising the power tools and instruments.
Class 10: Pacifiers for babies; ice bag pillows for medical purposes;
Slings for medical use; Supportive bandages; Surgical catguts; Feeding cups for medical purposes; Dropping pipettes for medical purposes; Feeding bottle teats;
Medical ice bags; Medical ice bag holders; Baby bottles; Nursing bottles; Finger guards for medical purposes; Artificial tympanic membranes; Prosthetics or fillings materials, not for dental use,
namely, artificial materials for use in the replacement of bones; Esthetic massage apparatus for commercial use; implants made of artificial materials for total hip replacement; implants made of
artificial materials for total knee prosthesis; Artificial joints; Artificial bones for implantation; Stems made of artificial materials for use as parts of artificial joint implants for orthopedic
surgery; Cups made of artificial materials for use as parts of artificial joint implants for orthopedic surgery; Shells made of artificial materials for use as parts of artificial joint implants for
orthopedic surgery; articular liners; cushion liners for artificial joints implants; sockets made of artificial materials for use as parts of artificial joint implants for
orthopedic surgery; medical machines, apparatus and instruments, namely, orthopedic fixation devices used in orthopedic transplant and/or implant surgery; Electric massage apparatus for household
purposes; Gloves for medical purposes; dental machines, apparatus and instruments, namely, dental X-RAY CT scanner, power tools, namely, [specify tools, e.g., dental drills]
for dental surgical use, instruments for fitting dental implants, namely, [specify instruments, e.g., dental bite trays]; Medical instruments, namely, orthopedic
apparatus and instruments; Medical instruments, namely, orthopedic and neurosurgical apparatus and instruments; Medical diagnostic apparatus, analytical apparatus for medical purposes and blood
pressure measuring apparatus; Bone densitometers being bone mineral density measuring apparatus for medical use; Testing apparatus for medical purposes for medical imaging recognition; artificial
materials for use in the replacement of bones; Artificial bones for implantation, artificial bone parts to be implanted in natural bones; Dental implants; Orthopedic joint implants and their parts
thereof; Artificial shoulder joint; Artificial foot joint; Artificial elbow joint; Artificial ear ossicle implants; Artificial vertebral body implants; Artificial intervertebral disc implants;
Artificial knee bone implants; Artificial dental implant roots; Dentures; medical apparatus, namely, spine fixation devices; medical apparatus, namely, bone fixation plates; vacuum pumps for medical
purposes; X-ray apparatus for medical and dental purposes; Digital X-ray apparatus for medical and dental purposes; X-ray CT scanners for medical and dental purposes; Orthopedic knee joint implants
and parts thereof made of artificial materials; Orthopedic knee surgery apparatus and instruments
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.
COLOR DESCRIPTION OF MARK
To clarify how white is being used in the mark, applicant may satisfy one of the following:
(1) If white is a feature of the mark, applicant must amend the color claim to include the color and amend the description to identify where white appears in the literal and/or design elements of the mark. The following color claim and description are suggested, if accurate:
Color claim: “The colors blue, black, gray and white are claimed as a feature of the mark.”
Description: “The mark consists of two smaller spheres appearing in blue connected to a larger sphere appearing in blue above the word "Aquala" appearing in blue. The wording "Biomimetic technology" appears in black underneath the wording "Aquala". Underneath the wording "Biomimetic technology", appears the wording "KYOCERA" in black. To the left of the wording "KYOCERA" appears a geometric shape design in red which consists of triangles, squares, and other geometric shapes. All of the foregoing appears on a gray background with a white border inside a hexagon outlined in black.
(2) If white is not a feature of the mark, applicant must amend the description to state that black, white, and/or gray represent background, outlining, shading and/or transparent areas and are not part of the mark. The following description is suggested, if accurate:
The mark consists of two smaller spheres appearing in blue connected to a larger sphere appearing in blue above the word "Aquala" appearing in blue. The wording "Biomimetic technology" appears in black underneath the wording "Aquala". Underneath the wording "Biomimetic technology", appears the wording "KYOCERA" in black. To the left of the wording "KYOCERA" appears a geometric shape design in red which consists of triangles, squares, and other geometric shapes. All of the foregoing appears on a gray background inside a hexagon outlined in black. The color white represents background color and is not part of the mark.
TMEP §807.07(d).
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.
How to respond. Click to file a response to this nonfinal Office action
/Michele-Lynn Swain/
Examining Attorney
Law Office 116
571-272-9232
michele.swain@uspto.gov
RESPONSE GUIDANCE