To: | GALT MEDICAL CORP. (screasman@taylorenglish.com) |
Subject: | U.S. Trademark Application Serial No. 90252353 - ELITE - 77542-3010 |
Sent: | March 18, 2021 08:49:48 PM |
Sent As: | ecom105@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90252353
Mark: ELITE
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Correspondence Address: 1600 PARKWOOD CIRCLE, SUITE 200
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Applicant: GALT MEDICAL CORP.
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Reference/Docket No. 77542-3010
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: March 18, 2021
1. Requirement for clarification of the identification of goods and/or services.
2. Requirement for compliance with the multiple-classification requirements.
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.
However, applicant must respond to the following refusal(s) and/or requirement(s).
1) Identification of Goods
Some of the wording in the identification of goods/services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant also must adopt the appropriate international classification number for the goods and/or services identified in the application. “Proper classification allows for administrative recordkeeping, enables accurate and efficient public searches of USPTO records, and facilitates examination of applications filed with the USPTO by aligning fees with costs.” In re Carlton Cellars, LLC, 2020 USPQ2d 10150, at *2 (TTAB 2020).
The USPTO follows the International Classification of Goods and Services for the Purposes of the Registration of Marks (also called the “Nice Classification” system), established by the World Intellectual Property Organization, to organize and classify goods and services for the purpose of registering marks. Nice Classification has 45 numbered classes with class headings that describe in broad terms the types of goods and services in each class. See 37 C.F.R. §2.85(a); TMEP §§1401.02, 1401.02(a).
Please note that many laboratory equipment goods used for non-medical purposes are classified in Class 9. However, many medical goods are properly classified in Class 10.
Here, applicant must clarify the nature or purpose of the introducers, particularly the vascular micro-introducers. If accurate, applicant may simply clarify that all the goods are for medical purposes.
Applicant may substitute the following wording, if accurate.
Class 9:
Scientific laboratory equipment not for medical use, namely, vascular micro-introducers used for scientific purposes
Class 10:
Medical devices, namely, catheter introducers, medical catheter introducers, and medical vascular micro-introducers
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.
2) Multiple-classification Requirements
(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(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least two (2) classes; however, applicant submitted a fee(s) sufficient for only one (1) class(es). 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.
Responding
How to respond. Click to file a response to this nonfinal Office action.
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
RESPONSE GUIDANCE