To: | Surgical Specialties Corporation (USTM.docketing@seedip.com) |
Subject: | U.S. Trademark Application Serial No. 88429744 - CALIBER OPHTHALMICS - 880108.228 |
Sent: | July 22, 2019 02:38:55 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. 88429744
Mark: CALIBER OPHTHALMICS
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Correspondence Address: |
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Applicant: Surgical Specialties Corporation
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Reference/Docket No. 880108.228
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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: July 22, 2019
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must address issues shown below. On July 19, 2019, the examining attorney and Mr. Kevin Costanza discussed the issues below. Applicant must timely respond to this issue. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
ADDITIONAL FEE REQUIREMENT
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707.
IDENTIFICATION OF GOODS
The identification of goods is amended to read as follows:
International Class 5: surgical biological collagen implants
International Class 10: Surgical devices and instruments, namely, microsurgical blades and knives, micro sutures, speculums, forceps, manipulators, needle holders, choppers, fixation rings, intraocular lens, punctal occlusion products, trephine blades, tissue punches, irrigating and aspirating cannulas, hypodermic syringes, cortex extractors, iris retractors, pupil expanders, lens loops, vectis, capsule polishers, scrapers, fluid administration sets, capsulotomy kits and syringes, fluid control products, umbilical tape, I.V. sets and surgical kits
See TMEP §§1402.01, 1402.01(e).
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.
/Khanh M. Le/
Trademark Examining Attorney
Law Office 116
U.S. Patent & Trademark Office
Khanh.Le@USPTO.gov
(571) 272-9435
RESPONSE GUIDANCE