To: | Novartis AG (mtepper@teiplaw.com) |
Subject: | U.S. Trademark Application Serial No. 90028312 - INFLAMMATION - N/A |
Sent: | October 06, 2020 08:54:00 PM |
Sent As: | ecom115@uspto.gov |
Attachments: | Attachment - 1 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90028312
Mark: INFLAMMATION
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Correspondence Address:
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Applicant: Novartis AG
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Reference/Docket No. N/A
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: October 06, 2020
SEARCH OF USPTO DATABASE OF MARKS
NEW DRAWING REQUIRED
Therefore, applicant must submit a new drawing showing a clear depiction of the mark. All lines must be clean, sharp and solid, and not fine or crowded. 37 C.F.R. §§2.53(c), 2.54(e); TMEP §§807.05(c), 807.06(a). Additionally, the USPTO will not accept a new drawing in which there are amendments or changes that would materially alter the applied-for mark. 37 C.F.R. §2.72; see TMEP §§807.13 et seq., 807.14 et seq.
For more information about drawings and instructions on how to submit a drawing, see the Drawing webpage.
The attached Internet evidence shows that this term means “a condition in which a part of your body becomes red, swollen, and painful.” See the attached evidence from http://www.merriam-webster.com/dictionary/inflammation. This term, in relation to applicant’s goods and services, merely describes a feature or subject matter of applicant’s goods and services, that is, applicant’s provision of medical information includes information about bodily inflammation. Therefore, this term must be disclaimed.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “INFLAMMATION” 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.
DESCRIPTION OF MARK AMENDMENT REQUIRED
A complete color claim must reference all the colors appearing in the drawing of the mark. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq. Similarly, a complete description of a mark depicted in color must specify where the colors appear in the literal and design elements of the mark. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq. If black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark, applicant must so specify in the description. See TMEP §807.07(d).
The following color claim and description are suggested, if accurate:
Color claim: The colors orange, gold, dark gold, black, white, gray and red are claimed as a feature of the mark.
Description: The mark consists of a stylized human-like character with orange, red and gold and dark gold skin, with its arms spread out across horizontally, with gold and dark gold hair, black, gold and red eyes, a black mouth with white teeth and black eyebrows, dressed in black pants that are ripped on the knees and a black vest with a white shirt emblazoned with the word “INFLAMMATION” in red. To the back appears a gray shadowing of the stylized human-like character.
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.
/Sahar Nasserghodsi/
Sahar Nasserghodsi
Examining Attorney
Law Office 115
(571)272-9192
Sahar.Nasserghodsi@uspto.gov
RESPONSE GUIDANCE