NOTE TO THE FILE
SERIAL NUMBER: 88468086
DATE: 09/04/2019
NAME: arosen
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:
Attorney Advisor, Law Office 121
Phone: 571-270-5984
Email: Amanda.Rosen@uspto.gov
Please be advised that Relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.
For information about contacting the USPTO with complaints, compliments, or other feedback for the Trademark Organization, please visit: http://www.gov.uspto.report/trademark/contact-trademarks/trademark-user-feedback.
From: Salvatore Abbruzzese <sabbruzzese@hbiplaw.com>
Sent: Wednesday, September 4, 2019 9:24 AM
To: Rosen, Amanda <Amanda.Rosen@USPTO.GOV>; SJADocket <SJADocket@hbiplaw.com>
Subject: RE: Response Requested: TEMPEST (88468086) 1487-136
Good morning Ms. Rosen:
I have received comments from my client.
We are generally agreeable with the suggestions you propose and put forth our proposed revisions below in red.
The changes are in the class 5 description,. We propose no changes to your suggestion in class 10.
I trust you find them acceptable. Please feel free to contact me by email or telephone if further discussion is warranted.
Best regards,
Sal
Salvatore J. Abbruzzese, Esq.
Hoffmann & Baron, LLP
Four Century Drive - Parsippany, NJ 07054
Tel: 1-973-331-1700 Fax: 1-973-331-1717 e-mail: sabbruzzese@hbiplaw.com
CONFIDENTIAL & PRIVILEGED ATTORNEY - CLIENT COMMUNICATION
The information in this transmittal is privileged and confidential and is intended only for the recipient(s) listed above. Any unauthorized distribution or copying of this transmittal or its attachments, if any, is strictly prohibited.
From: Rosen, Amanda <Amanda.Rosen@USPTO.GOV>
Sent: Tuesday, September 03, 2019 1:25 PM
To: SJADocket <SJADocket@hbiplaw.com>
Subject: Response Requested: TEMPEST (88468086)
Hello Mr. Abbruzzese,
I am reviewing multiple applications from Spine, Wave Inc.
Regarding the application for the mark “TEMPEST” (serial no. 88468086): The application looks good and there is only one issue that needs to be addressed before we can publish the mark. Specifically, the identification must be clarified. Specifics set forth below.
Class 5 Issue:
· “Allogenic tissue intended for subsequent implantation in medical and surgical procedures, namely, bone matrix, viable cell, amniotic membrane and structural allografts” is indefinite. Applicant must clarify the nature of the tissue, e.g. “biological tissue”. Applicant must also clarify the type of tissue provided, e.g. bone, skin. Applicant is also welcome to clarify that what they provide is “human allograft tissue”, if accurate.
Class 10 Issue:
· “bone tissue for surgical use” is indefinite and broad. This could include “artificial biomaterials for augmentation of bone for medical purposes in Class 10 as well as goods such as “human allograft tissue” and “biological tissue, namely, bone tissue, intended for subsequent implantation” in Class 5. Applicant must clarify the type of tissue they are providing here, keeping in mind that artificial materials belong in Class 10, while biological tissue belongs in Class 5.
· “Surgical implants and instruments comprised of artificial material” is indefinite. While surgical implants comprised of artificial material is definite, it is unclear whether “of artificial material” is meant to modify “surgical instruments”. This is due to the fact that one would not assume that surgical instruments were made of anything but artificial material. A clearer entry might read “Surgical implants comprising artificial material and associated surgical instrument sets”, if accurate.
I can suggest the following identification, if accurate:
Class 5: Biological bone tissue, namely, allogenic tissue intended for subsequent implantation in medical and surgical procedures, namely, bone matrix, viable cell, amniotic membrane and structural allografts; human allograft tissue, namely, allogenic tissue intended for subsequent implantation in medical and surgical procedures, namely, bone matrix, viable cell, amniotic membrane and structural allografts
Class 10: Bone substitutes for surgical use; artificial biomaterials for augmentation of bone for medical purposes, namely, bone tissue for surgical use; surgical implants comprising artificial material and associated surgical instruments and surgical instrument sets
Please e-mail me and let me know how you would like the identification to appear.
If we are able to resolve this issue by Friday, September 6th, 2019, I will be able to make the changes via Examiner’s Amendment in lieu of issuing an Office action. Please be sure to sign all e-mail communications with your full name, for the record.
Kind Regards,
Amanda Rosen
/Amanda Rosen/
Attorney Advisor, Law Office 121
Phone: 571-270-5984
Email: Amanda.Rosen@uspto.gov
Please be advised that Relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.
For information about contacting the USPTO with complaints, compliments, or other feedback for the Trademark Organization, please visit: http://www.gov.uspto.report/trademark/contact-trademarks/trademark-user-feedback.