To: | Flamel Ireland Limited (trademarks@troutman.com) |
Subject: | U.S. Trademark Application Serial No. 88457525 - MICROPUMP - 244174.10 |
Sent: | March 25, 2020 11:02:14 AM |
Sent As: | ecom101@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88457525
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. 244174.10
Correspondence Email Address: |
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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: March 25, 2020
How to respond. Click to file a response to this nonfinal Office action.
In the initial Office action, the examining attorney issued a descriptiveness refusal which applicant traversed.
Applicant should note the following:
Descriptiveness Refusal
The descriptiveness refusal is hereby continued and maintained. The examining attorney relies on the arguments and evidence previously submitted that are incorporated by reference herein.
Request for Information
(1) Fact sheets, instruction manuals, brochures, advertisements and pertinent screenshots of applicant’s website as it relates to the goods and/or services in the application, including any materials using the terms in the applied-for mark. Merely stating that information about the goods and/or services is available on applicant’s website is insufficient to make the information of record.;
(2) If these materials are unavailable, applicant should submit similar documentation for goods and services of the same type, explaining how its own product or services will differ. If the goods and/or services feature new technology and information regarding competing goods and/or services is not available, applicant must provide a detailed factual description of the goods and/or services. Factual information about the goods must make clear how they operate, salient features, and prospective customers and channels of trade. For services, the factual information must make clear what the services are and how they are rendered, salient features, and prospective customers and channels of trade. Conclusory statements will not satisfy this requirement.; and
(3) Applicant must respond to the following questions:
What is the definition of “MICROPUMP”?
What does a micropump do?
What is the meaning of micropump in relation to applicant’s goods/services?
Do applicant’s goods contain or applicant services include or act as a micropump?
Do applicant’s competitors use the term micropump to advertise similar goods and/or services?
Who is the typical consumer of applicant’s goods and/or services?
Where are applicant’s goods and/or services typically purchased?.
See 37 C.F.R. §2.61(b); TMEP §§814, 1402.01(e).
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
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