To: | Arena Pharmaceuticals, Inc. (ricketts-docket@fzlz.com) |
Subject: | U.S. Trademark Application Serial No. 88491734 - VELSIPITY - ARPI 1908455 |
Sent: | September 23, 2019 11:47:52 AM |
Sent As: | ecom124@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88491734
Mark: VELSIPITY
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Correspondence Address: FROSS ZELNICK LEHRMAN & ZISSU, P.C. |
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Applicant: Arena Pharmaceuticals, Inc.
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Reference/Docket No. ARPI 1908455
Correspondence Email Address: |
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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: September 23, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
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 September 19, 2019, the examining attorney and Allison Ricketts discussed the issue below. Applicant must timely respond to the issue. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
The wording “pharmaceutical preparations for human use” is unacceptable as indefinite because applicant must specify the use for the goods.
Applicant may adopt any or all of the following suggested amendment to the identification of goods:
- Class 5: Pharmaceutical preparations for human use to treat {indicate purpose/function/use for the goods}; Pharmaceutical preparations for human use to treat ulcerative colitis, diseases and disorders of the gastrointestinal tract, Crohn's disease, irritable bowel syndrome, autoimmune diseases and dermatological diseases and disorders
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 GUIDELINES
How to respond. Click to file a response to this nonfinal Office action.
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.
/Tara L. Bhupathi/
Examining Attorney
Law Office 124
(571) 272-5557
tara.bhupathi@uspto.gov
RESPONSE GUIDANCE