To: | Alphatec Spine, Inc. (rwinn@atecspine.com) |
Subject: | U.S. Trademark Application Serial No. 88572053 - ORTHOGONAL APPROACH SPINE SURGERY - TM2019-12 |
Sent: | October 02, 2019 10:50:17 AM |
Sent As: | ecom120@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88572053
Mark: ORTHOGONAL APPROACH SPINE SURGERY
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Correspondence Address:
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Applicant: Alphatec Spine, Inc.
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Reference/Docket No. TM2019-12
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 02, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues 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 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).
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
In the present case, applicant applied to register ORTHOGONAL APPROACH SPINE SURGERY for use in connection with “Educational services, namely, conducting classes, seminars, and workshops in the field of spinal surgery and distribution of educational materials in connection therewith.”
The attached evidence from Merriam-Webster defines “orthogonal” as “intersecting or lying at right angles.” The attached evidence from medical-dictionary.thefreedictionary.com shows that the word “orthogonal” is defined in the medical field as “An MRI term referring to a plane or section perpendicular to the XYZ co-ordinate system.” The attached evidence from Merriam-Webster defines “approach” as “the taking of preliminary steps toward a particular purpose.” The wording “spine surgery” is encompassed in the identification of services. The attached evidence from lww.com, beckersspine.com, and amegroups.com shows that the word “orthogonal” is commonly used to describe a spinal surgery method.
Accordingly, the wording ORTHOGONAL APPROACH SPINE SURGERY merely describes a feature of applicant’s services, namely, that applicant provides educational services teaching about an orthogonal approach to spinal surgery. Thus, registration is rightly refused under Section 2(e)(1).
ADVISORY: NOT YET ELIGIBLE FOR SUPPLEMENTAL REGISTER
ADVISORY: DISCLAIMER REQUIRED ON SUPPLEMENTAL REGISTER
Applicant may submit a disclaimer in the following format:
No claim is made to the exclusive right to use “SPINE SURGERY” apart from the mark as shown.
TMEP §1213.08(a)(i).
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
RESPONSE GUIDELINES
ASSISTANCE
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
/Clare Cahill/
Clare Cahill
Examining Attorney
Law Office 120
571-272-5218
Clare.Cahill@uspto.gov
RESPONSE GUIDANCE