To: | Aurinia Pharmaceuticals Inc. (TM-PDX@STOEL.COM) |
Subject: | U.S. Trademark Application Serial No. 90306989 - LUPKYNIS - 66570-28 |
Sent: | February 24, 2021 07:51:39 PM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90306989
Mark: LUPKYNIS
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Correspondence Address: 760 SW NINTH AVENUE, SUITE 3000
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Applicant: Aurinia Pharmaceuticals Inc.
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Reference/Docket No. 66570-28
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: February 24, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
No Likelihood of Confusion
Gray in Mark – Amended Description Required
Applicant must submit a description of the mark, because one was not included in the application. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies all the literal and design elements. See 37 C.F.R. §2.37; TMEP §§808.01, 808.02, 808.03(b). In this case, the drawing of the mark is not in standard characters. Also, there is gray shading in the mark.
When an applicant submits a drawing showing the mark in color, applicant’s color claim and description must reference all the colors in the mark, including black, white and/or gray. TMEP §807.07(d); see 37 C.F.R. §§2.37, 2.52(b)(1). If black, white and/or gray are not a color feature of the mark, applicant must provide a statement in the description that black, white and/or gray represent background, outlining, shading and/or transparent areas and are not part of the mark. TMEP §807.07(d).
The following description is suggested, if accurate: The mark consists of the stylized wording LUPKYNIS to the top right of two half arrows pointing up. The color gray in the mark represents shading and is not a part of the mark.
Inquiry and Translation
Alternatively, if the wording has no meaning in a foreign language, applicant should provide the following statement: The wording “LUPKYNIS” has no meaning in a foreign language.
Id.
If the applicant has any questions or needs assistance in responding to this Office action, please call or e-mail the assigned examining attorney.
How to respond. Click to file a response to this nonfinal Office action.
/D. Beryl Gardner/
Trademark Examining Attorney
Law Office 117
571-272-9162 (O)
571-273-9162 (F)
beryl.gardner@uspto.gov
RESPONSE GUIDANCE