To: | Vita Zahnfabrik H. Rauter GmbH & Co. KG (william@masstechlawyer.com) |
Subject: | U.S. Trademark Application Serial No. 88527706 - VITA AMBRIA - 340009 |
Sent: | October 29, 2019 11:25:03 AM |
Sent As: | ecom102@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88527706
Mark: VITA AMBRIA
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Correspondence Address: LAW OFFICES OF WILLIAM E. OBRIEN, LLC
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Applicant: Vita Zahnfabrik H. Rauter GmbH & Co. KG
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Reference/Docket No. 340009
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: October 29, 2019
Applicant is encouraged to email the trademark examining attorney at eli.hellman@uspto.gov to resolve the issues raised below. If the suggestions listed below are acceptable, then the examiner will issue an examiner’s amendment and approve the application for publication.
No Similar Marks to Bar Registration
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
TMEP §809.03. See attached translation evidence.
Unless applicant indicates otherwise, the USPTO will presume that applicant is relying on both Sections 1(b) and 44(e). Thus, although the mark may be approved for publication, it will not register until an acceptable allegation of use has been filed for the goods based on Section 1(b).
The wording “chemicals; dental apparatus and instruments, in particular color rings” in the identification of goods is indefinite and must be clarified because the nature of the goods is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, applicant must describe the product and its intended uses. Applicant may substitute the following wording, if accurate:
International Class 005: Chemicals for use in dentistry, namely, {indicate the purpose of the chemicals, e.g., chemicals for treating gingivitis}; chemicals for use in dental technology, namely, {indicate the purpose of the chemicals, e.g., chemicals for use in hardening dental impressions}; dental ceramic compositions for making dentures; dental materials in the nature of glass and glass powder for making dentures; ceramic, glass-ceramic, metal, artificial resin, and temporary teeth filling material; dental cement; varnishes and lacquers for use in dentistry and dental technology, namely, for use in tooth restoration painting; cement and plaster for use in dentistry and dental technology, namely, {indicate the particular purpose of the goods, e.g., for making dental impressions}; materials for making dental prosthetics, namely, metal-ceramic compositions, glass-ceramic compositions, and all-ceramic compositions; dental fastening materials for dentures, namely, cement and adhesive for bonding between the tooth stump or implants and the restoration.
International Class 010: Goods relating to dentistry, namely, artificial teeth of dental ceramic, dental prostheses and individual parts therefor, dental bridges, artificial teeth; dental apparatus and instruments, namely, colored orthodontic rubber bands.
An applicant may only amend an identification to clarify or limit the goods, but not to add to or broaden the scope of the goods. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.
RESPONDING TO THIS OFFICE ACTION
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.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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
/Eli J. Hellman/
Trademark Examining Attorney
Law Office 102
United States Patent and Trademark Office
571.272.8276
eli.hellman@uspto.gov
RESPONSE GUIDANCE