To: | bioMérieux Inc. (mtepper@teiplaw.com) |
Subject: | U.S. Trademark Application Serial No. 90253883 - OPUS - N/A |
Sent: | March 22, 2021 09:20:05 AM |
Sent As: | ecom112@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90253883
Mark: OPUS
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Correspondence Address:
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Applicant: bioMérieux Inc.
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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: March 22, 2021
SEARCH OF USPTO DATABASE OF MARKS:
The wording “Laboratory test sample cards used to isolate, identify, quantify, reveal, control and detect contaminating substances and pathogens, for diagnostic purposes” in the identification of goods is indefinite and must be clarified because the nature of the applied-for goods is not clear and because the goods can appear in more than one class. For example, chemical preparations for medical or veterinary purposes are in Class 5, testing sample collection equipment for diagnostic testing, not for medical purposes are in Class 9, and medical test kits comprised of biological preparations for medical purposes are in Class 10. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate:
Proposed Wording
Class 1
Reagents for scientific or research use, loaded into laboratory test sample cards used for microbiological testing and identification; Chemicals for use in industry and science, namely, chemical solutions for use in industry and science, reagents for scientific and research use and diagnostic test kits consisting primarily of diagnostic reagents for scientific and research use to control and detect contaminating substances in industrial, cosmetic, pharmaceutical, foodstuff, agricultural and environmental products for scientific or research use
Class 5
Diagnostic reagents for clinical medical, medical or veterinary use, loaded into laboratory test sample cards used for microbiological testing and identification; Reagents and media, namely, diagnostic test kits in the form of diagnostic reagents and test cards for clinical, medical and veterinary diagnosis; medical diagnostic test media in the form of laboratory test sample cards used to isolate, identify, quantify, reveal, control and detect pathogens in clinical, medical and veterinary samples; Laboratory test sample cards in the nature of diagnostic kits comprised of ____ {indicate the nature of the chemical preparation used in association with the kit for classification in Class 5} for medical purposes
Class 9
Testing sample collection equipment, namely, laboratory test sample cards used to isolate, identify, quantify, reveal, control and detect contaminating substances and pathogens, for use in diagnostic testing, not for medical purposes
Class 10
Laboratory test sample cards in the nature of {indicate the nature of the laboratory test sample cards for classification in Class 10, e.g., “medical apparatus and instruments,” “medical test kits,” etc.} and comprised of ______ {indicate the biological preparations for classification in Class 10} used to isolate, identify, quantify, reveal, control and detect contaminating substances and pathogens, for medical purposes
Applicant may amend the identification to clarify or limit the goods, but not to broaden or expand the goods beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods may not later be reinserted. See TMEP §1402.07(e).
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(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 fees already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in at least 4 classes; however, applicant submitted fees sufficient for only 3 classes. 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.
ASSISTANCE:
How to respond. Click to file a response to this nonfinal Office action.
/Niya Rafari-Pearson/
Trademark Examining Attorney
Law Office 112
571-270-0907
niya.rafari-pearson@uspto.gov
RESPONSE GUIDANCE