To: | Applied Medical Technology, Inc. (tmdocket@pearne.com) |
Subject: | U.S. Trademark Application Serial No. 88795983 - EXPLANT EXPRESS - AMT-62233 |
Sent: | May 05, 2020 02:26:58 PM |
Sent As: | ecom101@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88795983
Mark: EXPLANT EXPRESS
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Correspondence Address: 1801 EAST 9TH STREET, SUITE 1200
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Applicant: Applied Medical Technology, Inc.
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Reference/Docket No. AMT-62233
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: May 05, 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.
Office Search
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.
Disclaimer
The applied for mark is used in connection with a medical device designed specifically for removing breast implants from a patient. Such medical procedures are known as “explant surgery”. See attached dictionary and internet evidence.
The determination of whether a term is descriptive is made in relation to an applicant’s goods and/or services, not in the abstract. TMEP §1209.01(b). A term may be descriptive even if it does not describe the ‘full scope and extent’ of the applicant’s goods or services.” TMEP §1209.01(b). It is enough if a term describes only one significant function, attribute, or property. In re The Chamber of Commerce of the U.S., 675 F.3d 1297, 1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012); TMEP §1209.01(b); see In re Oppedahl & Larson LLP, 373 F.3d at 1173, 71 USPQ2d at 1371.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “EXPLANT” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
Telephone Call or Email Communication Encouraged
How to respond. Click to file a response to this nonfinal Office action.
/Russ Herman/
Examining Attorney
Law Office 101
(571)272-9172
russ.herman@uspto.gov
RESPONSE GUIDANCE