To: | Amgen Inc. (tmops@amgen.com) |
Subject: | U.S. Trademark Application Serial No. 88517655 - KINDLIA - TM-1441-US-2 |
Sent: | September 03, 2019 10:17:39 AM |
Sent As: | ecom126@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88517655
Mark: KINDLIA
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Correspondence Address: |
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Applicant: Amgen Inc.
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Reference/Docket No. TM-1441-US-2
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 03, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
The wording “pharmaceutical preparations” in the identification of goods is indefinite and must be clarified because the disease or condition to be treated, and/or the health goal to be achieved has not been provided. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate (suggested language in bold, clarification required indicated by bold italics):
Class 5
“Pharmaceutical preparations for {specify disease or condition to be prevented or treated or the health goal to be achieved, e.g., antivirals, treating diabetes, treating chemical imbalances, etc.}; pharmaceutical preparations used for the treatment of parathyroid, glandular and hormone disorders; pharmaceutical preparations used for the treatment of renal and kidney disorders; pharmaceutical preparations for the treatment of cardiovascular diseases and disorders, inflammatory diseases and disorders, autoimmune diseases and disorders, oncological diseases and disorders, hematological diseases and disorders, tumorous diseases, autoimmune diseases, inflammation, inflammatory diseases and disorders, neurologic diseases and disorders, metabolic diseases and disorders; pharmaceuticals for stimulating the growth of platelets and platelet precursor cells; erythropoiesis stimulating protein; pharmaceuticals for stimulating white blood cell production; pharmaceuticals for modulating the level of calcium in the bloodstream and for the treatment of hyperparathyroidism and hypercalcemia; pharmaceuticals for treating human immune diseases and conditions; pharmaceutical preparations for the treatment of bone disease; and pre-filled syringes containing pharmaceutical preparations for treatment of the aforementioned diseases and disorders and complications associated therewith”
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.
THIS PARTIAL REFUSAL APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
If applicant does not respond to this Office action within the six-month period for response, the following goods in International Class 5 will be deleted from the application: “pharmaceutical preparations.” The application will then proceed with the following goods in International Class 5 only:
“Pharmaceutical preparations used for the treatment of parathyroid, glandular and hormone disorders; pharmaceutical preparations used for the treatment of renal and kidney disorders; pharmaceutical preparations for the treatment of cardiovascular diseases and disorders, inflammatory diseases and disorders, autoimmune diseases and disorders, oncological diseases and disorders, hematological diseases and disorders, tumorous diseases, autoimmune diseases, inflammation, inflammatory diseases and disorders, neurologic diseases and disorders, metabolic diseases and disorders; pharmaceuticals for stimulating the growth of platelets and platelet precursor cells; erythropoiesis stimulating protein; pharmaceuticals for stimulating white blood cell production; pharmaceuticals for modulating the level of calcium in the bloodstream and for the treatment of hyperparathyroidism and hypercalcemia; pharmaceuticals for treating human immune diseases and conditions; pharmaceutical preparations for the treatment of bone disease; and pre-filled syringes containing pharmaceutical preparations for treatment of the aforementioned diseases and disorders and complications associated therewith.”
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
RESPONSE GUIDELINES
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
/Cheryl Kluwe/
Cheryl Kluwe
Examining Attorney
Law Office 126
(571) 270-3839
cheryl.kluwe@uspto.gov
RESPONSE GUIDANCE