To: | Flamel Ireland Limited (trademarks@troutman.com) |
Subject: | U.S. Trademark Application Serial No. 88457515 - MICROPUMP - 244174.9 |
Sent: | September 04, 2019 10:16:39 AM |
Sent As: | ecom101@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88457515
Mark: MICROPUMP
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Correspondence Address: 600 PEACHTREE STREET NE, SUITE 3000
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Applicant: Flamel Ireland Limited
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Reference/Docket No. 244174.9
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: September 04, 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.
How to respond. Click to file a response to this nonfinal Office action
Search Results
The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Applicant has applied for the mark MICROPUMP for “Microparticulate system that allows for the controlled release of oral dosage formulations of drugs; orally administrable powders, suspensions, suspension powders, and capsules for providing the controlled release of one or more medicinal or nutritional active principles,” in Class 5.
Specifically, the mark is descriptive of a feature of applicant’s goods in the nature of a system that comprises a micropump, or a device that can control and manipulate small fluid volumes, or, that allows for the controlled release of drugs.
In support of the refusal, the examining attorney submits and relies upon the attached online dictionary definition wherein “micropump” means “devices that can control and manipulate small fluid volumes.”
See
http://en.wikipedia.org/wiki/Micropump
“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
Identification of Goods
Applicant may substitute the following wording, if accurate:
“Microparticulate system comprised of [LIST PRIMARY COMPONENTS OF SYSTEM, beginning with Class 5 goods] that allows for the controlled release of oral dosage formulations of drugs; orally administrable pharmaceuticals sold as powders, suspensions, suspension powders, and capsules for providing the controlled release of one or more medicinal or nutritional active principles for treating [SPECIFY DISEASE or physical condition, e.g., cancer],” in Class 5.
Scope Advisory
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.
Response
Response guidelines. 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.
/efalk/
Erin Falk
Trademark Examining Attorney
Law Office 101
571-272-1110
erin.falk@uspto.gov
RESPONSE GUIDANCE