To: | Natera, Inc. (IPDocketing@foley.com) |
Subject: | U.S. Trademark Application Serial No. 90136730 - ALTERA - 106778-0493 |
Sent: | December 28, 2020 07:29:58 PM |
Sent As: | ecom127@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90136730
Mark: ALTERA
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Correspondence Address: 150 EAST GILMAN STREET, SUITE 5000
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Applicant: Natera, Inc.
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Reference/Docket No. 106778-0493
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: December 28, 2020
INTRODUCTION
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue 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
AMENDED IDENTIFICATION OF GOODS AND/OR SERVICES REQUIRED
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
Applicant may substitute the following wording, if accurate:
International Class 5: Reagents for medical use in the fields of oncology and tumor identification, analysis, and treatment; medical diagnostic reagents for use in the fields of oncology and tumor identification, analysis, and treatment; genetic tests comprised of reagents for medical purposes in the fields of oncology and tumor identification, analysis, and treatment.
International Class 10: Blood collection kit comprised of blood collecting tubes for use in the fields of oncology and tumor identification, analysis, and treatment; tissue collection kit comprised of tissue collecting containers and refrigerants in the nature of {identify nature, e.g., dry ice, medical ice packs, etc.}, for use in the fields of oncology and tumor identification, analysis, and treatment.
International Class 42: Genetic testing and sequencing for scientific research and analysis purposes; genetic testing and sequencing for scientific research and analysis purposes in the fields of oncology and tumor identification, analysis, and treatment.
International Class 44: Genetic testing and sequencing for medical, diagnostic, and treatment purposes; genetic testing and sequencing for medical, diagnostic, and treatment purposes in the fields of oncology and tumor identification, analysis, and treatment.
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.
For this application to proceed, applicant must explicitly address each requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
Partial Abandonment Advisory. If applicant does not respond to this Office action within the six-month period for response, the following goods in International Class 10 will be deleted from the application: “tissue collection kit comprised of tissue collecting containers and refrigerants, for use in the fields of oncology and tumor identification, analysis, and treatment.” The application will then proceed with the following goods and services in International Classes 5, 10, 42, and 44 only:
International Class 5: Reagents for medical use in the fields of oncology and tumor identification, analysis, and treatment; medical diagnostic reagents for use in the fields of oncology and tumor identification, analysis, and treatment; genetic tests comprised of reagents for medical purposes in the fields of oncology and tumor identification, analysis, and treatment.
International Class 10: Blood collection kit comprised of blood collecting tubes for use in the fields of oncology and tumor identification, analysis, and treatment.
International Class 42: Genetic testing and sequencing for scientific research and analysis purposes; genetic testing and sequencing for scientific research and analysis purposes in the fields of oncology and tumor identification, analysis, and treatment.
International Class 44: Genetic testing and sequencing for medical, diagnostic, and treatment purposes; genetic testing and sequencing for medical, diagnostic, and treatment purposes in the fields of oncology and tumor identification, analysis, and treatment.
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
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.
/G. Iñaki Liñero Guarda/
G. Iñaki Liñero, Esq.
Examining Attorney
Law Office 127
(571)270-1783
Gerardo.LineroGuarda@uspto.gov
RESPONSE GUIDANCE