To: | Wright Medical Technology, Inc. (ccampbell@duanemorris.com) |
Subject: | U.S. Trademark Application Serial No. 88744717 - LAPIFUSE - E3383-01938 |
Sent: | February 17, 2020 10:44:57 AM |
Sent As: | ecom107@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88744717
Mark: LAPIFUSE
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Correspondence Address:
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Applicant: Wright Medical Technology, Inc.
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Reference/Docket No. E3383-01938
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: February 17, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF USPTO DATABASE OF MARKS
PARTIAL REQUIREMENT
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN.
Before this application can proceed in the registration process, the following issue must be addressed.
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
If applicant wishes to International Class 5 to the application, the following guidance is provided.
Addition of a Class
(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 already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in two classes; however, applicant submitted a fee sufficient for only one 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class Application webpage.
Effect of Failure to Respond
If applicant does not respond to this Office action within the six-month period for response, the following goods will be deleted from the application: bone plates. The application will then proceed with the following goods in International Class 10 only: Medical devices, namely, orthopedic implants of artificial materials; orthopedic implants of artificial materials, comprising internal fixation devices for treatment of bone fractures and diseases; surgical instruments and apparatus; bone screws. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
Assistance
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are 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.
Jeri Fickes
/Jeri Fickes/
Trademark Examining Attorney
Law Office 107, USPTO
571/272-9157
jeri.fickes@uspto.gov
RESPONSE GUIDANCE