To: | SMD SOLUTION Co., Ltd. (mail@revolutioniplaw.com) |
Subject: | U.S. Trademark Application Serial No. 88601688 - COMORAL - 2620-030 |
Sent: | December 12, 2019 07:53:32 AM |
Sent As: | ecom115@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88601688
Mark: COMORAL
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Correspondence Address:
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Applicant: SMD SOLUTION Co., Ltd.
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Reference/Docket No. 2620-030
Correspondence Email Address: |
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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 12, 2019
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02. Nevertheless, the applicant must respond to the following issue(s).
IDENTIFICATION AND CLASSIFICATION OF GOODS
The identification of goods is indefinite and must be clarified because all goods are not identified with the requisite clarity and specificity. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant should identify all goods with specificity by common commercial name. All dental instruments, equipment and apparatus must be identified with specificity by common commercial name.
Additionally, the identification names goods which are misclassified and/or capable of classification in multiple classes. Applicant may therefore adopt any or all of the following identification of goods, if accurate:
International Class 5; Dental porcelain materials; dental impression materials; dental composite materials; dental fixing materials; biological bone tissue dental graft purposes;
International Class 10; buccal tubes; sanitary oral masks for medical purposes; medical lavage apparatus; plastic material for producing, relining and repair of dental prostheses; dental x-ray apparatus; synthetic bone graft materials for dental purposes; dental articulators; mouth rinsing and washing apparatus for dental purposes, dental instruments, namely, {specify items, e.g., picks, burrs, mirrors}; dental apparatus, namely, {indicate by common commercial name, e.g. apex locator, etc.}; drills for dental applications; prosthetic instruments for dental purposes; dental implants; dental handpieces; dental lavage apparatus for therapeutic purposes; teeth aligners; orthodontic machines and instruments for dental purposes;
The application references goods and/or services based on an intent to use in commerce in classes beyond those presently provided for; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b).
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
To the extent the suggested identification is incomplete or inaccurate, the applicant is further advised that the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual is available for assistance with identifying and classifying goods and services. See TMEP §1402.04.
GENERAL INFORMATION
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.
Please feel free to contact the undersigned attorney if you wish to discuss this application.
/John S. Yard/
John S. Yard
Examining Attorney
Law Office 115
(571)272-9486
john.yard@uspto.gov
RESPONSE GUIDANCE