Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  January 28, 2021

 

 

Application has been amended as shown below.  The trademark examining attorney is amending the application as follows.  No prior approval or authorization from applicant or applicant’s attorney is required.  TMEP §707.02.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

Identification of Goods

 

The Class 5 identification of goods is amended simply to address a typographical issue (“all of the aforementioned exclude treatment…” should read as “all of the aforementioned exclude those for treatment …”).  In this regard, the Class 5 identification of goods is amended to as follows (the remainder of the identification is unchanged).  See TMEP §§1402.01, 1402.01(e).

 

Pharmaceutical preparations and substances for the treatment and prevention of viruses; chemical, biochemical and microbial products, namely, antibodies being pharmaceutical preparations for the treatment and prevention of viruses; all of the aforementioned exclude those for treatment or prevention of gynecological-related infections

 

Advisory

 

In light of the foregoing, the amended identification of goods/services is accepted.  However, the refusal under Section 2(d) based on a likelihood of confusion with a registered mark and the citation of the prior-filed pending application must be continued.  Thus, a suspension action with a discussion of these issues will follow.

 

Please do not hesitate to contact the undersigned with any questions.

 

/MaureenDallLott/

 

Maureen Dall Lott

Trademark Examining Attorney, Law Office 105

United States Patent and Trademark Office

571-272-9714

maureen.lott@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on January 28, 2021 for

U.S. Trademark Application Serial No. 90114716

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

Lott, Maureen D.

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”