To: | APEX BIOTECHNOLOGY CORPORATION (mail@iphorgan.com) |
Subject: | U.S. Trademark Application Serial No. 88590882 - APEXBIO - SAI 0249 US |
Sent: | December 02, 2019 01:14:20 PM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88590882
Mark: APEXBIO
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Correspondence Address: |
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Applicant: APEX BIOTECHNOLOGY CORPORATION
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Reference/Docket No. SAI 0249 US
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: December 02, 2019
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 December 2, 2019, the examining attorney and John Bathke discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
IDENTIFICATION OF GOODS – AMENDMENT REQUIRED (PARTIAL REQUIREMENT)
Applicant may substitute the following wording, if accurate:
Class 10: Testing and analytical apparatus for medical diagnostic use {specify condition or subject matter tested, e.g., for testing hemoglobin levels, cholesterol levels; or specify the medical field, e.g., in the fields of tissue-based diagnostic testing, cell-based testing}; blood uric monitoring apparatus for medical diagnostic use; blood glucose monitoring apparatus for medical use; lancets; hemoglobin testing apparatus for medical diagnostic use; cholesterol testing apparatus for medical diagnostic use; lactic acid testing apparatus for medical diagnostic use
The identification of goods in International Class 5 remains without a change.
Applicant’s goods may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods or add goods not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods will further limit scope, and once goods are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Class 10: Testing and analytical apparatus for medical diagnostic use
See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the following goods only:
Class 5: Reagent strips for medical diagnostic use; glucose control solution for medical diagnostic use; uric acid control solution for medical diagnostic use; hemoglobin testing agents for medical diagnostic use; cholesterol testing agents for medical diagnostic use; lactic acid testing agents for medical diagnostic use
Class 10: Blood uric monitoring apparatus for medical diagnostic use; blood glucose
monitoring apparatus for medical use; lancets; hemoglobin testing apparatus for
medical diagnostic use; cholesterol testing apparatus for medical diagnostic use;
lactic acid testing apparatus for medical diagnostic use
See TMEP §718.02(a).
For this application to proceed, applicant must explicitly address each 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 requirement 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.
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. 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.
/Maryna Koberidze/
Maryna Koberidze
Trademark Examining Attorney
Law Office 127
571-270-7630
maryna.koberidze@uspto.gov
RESPONSE GUIDANCE