To: | Amgen Inc. (tmops@amgen.com) |
Subject: | U.S. Trademark Application Serial No. 88685775 - EVENITY - TM-1421-US-2 |
Sent: | December 27, 2019 02:33:15 PM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88685775
Mark: EVENITY
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Correspondence Address: |
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Applicant: Amgen Inc.
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Reference/Docket No. TM-1421-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: December 27, 2019
The USPTO database of registered and pending marks have been searched and no conflicting registered or pending mark has been found that would bar registration under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d) (2012). Trademark Manual of Examining Procedure § 704.02 (October 2018).
In the initial filing of this application, Applicant submitted a color drawing and provided a color claim that “yellow and a medium dark shade of cyan-blue Pantone number 7545” are featured colors of the mark. The mark description describes the colors of the design element, but not of the literal element.
Applicant must amend the color claim and mark description to identify all the colors in the mark drawing, identify the literal and design elements properly, and identify the color locations accurately and completely. See 37 C.F.R. § 2.52(b)(1); see TMEP § 807.07(a). Also, Applicant should confirm whether the color identified as “yellow” is in fact yellow or orange.
Applications for special form marks must include an accurate and concise description that identifies all significant literal and design elements in the mark, lists all the colors, and specifies where the colors appear in the drawing of the mark. 37 C.F.R. § 2.52(b)(1); see TMEP § 807.07(a)(ii).
The following amendment to the color claim and mark description are suggested, if accurate:
The colors orange and cyan-blue (Pantone number 7545) are claimed as features of the mark.
The mark consists of two partially folded curved bars with the outside orange and the inside cyan-blue, which face each other adjacent to the stylized wording “EVENITY” in cyan-blue.
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.
Applicant must respond timely and completely to the issues raised in this Office Action. 15 U.S.C. § 1062(b); 37 C.F.R. §§ 2.62(a), 2.65(a); TMEP §§ 711, 718.03. Otherwise, this application will be abandoned. 37 C.F.R. § 2.65(a).
How to respond: Click to file a response to this non-final Office action. 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.
Please contact the undersigned attorney with any additional questions.
Sincerely,
/Judy Helfman/
Judith M. Helfman
Attorney, Law Office 111
571/272-5892
judy.helfman@uspto.gov
RESPONSE GUIDANCE