Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  April 22, 2022

 

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney has searched the USPTO database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Application has been amended as shown below.  As agreed to by attorney of record Leo Loughlin, Esq. on April 22, 2022, the examining attorney has amended the application as shown below.  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 AND SERVICES

 

The identification of goods in Class 9 ONLY is amended to read as follows:    

 

Class 9:  Pipetting devices and sampling devices, dispensers, motorized syringe dilutors, pumps and dosing apparatus for taking liquid samples for laboratory use; laboratory robots for laboratory automation and laboratory robots for the automation of analysis processes; laboratory apparatus and instruments used for extracting nucleic acids, proteins, hormones, drugs, metabolites and low weight (less than 2500 Daltons) molecules; microplate readers, namely, light absorption measuring apparatus and luminescence and fluorescence measuring apparatus; imaging devices for imaging of cells, cell colonies, biological tissues, protein arrays and nucleic acid arrays for scientific purposes; microplate washers; genomics automation devices, namely, thermocycling devices and sequencing library preparation devices; disposable pipette tips for laboratory use; disposable containers for reagents and samples in connection with pipetting devices; disposable materials, namely, microplates, lids for microplates, containers for bioprocessing and cell culturing applications, boxes and trays for disposable pipetting tips for use in laboratory apparatus; cell counting chambers for scientific use; laboratory consumables, namely, solid phase extraction plates; laboratory consumables, namely, solid phase extraction columns; disposable and reusable dispenser syringes for dilutors for laboratory use; structural parts of laboratory apparatus and instruments, namely, valves for dilutors; downloadable software for controlling laboratory apparatus and for controlling medical apparatus; downloadable software for evaluation of measurement results; downloadable software for image analysis; downloadable software for use in remote monitoring of laboratory apparatus; downloadable software for remote maintenance of laboratory apparatus; downloadable software for connecting laboratory apparatus; downloadable software for use in the automation of laboratories; downloadable training software for training in the fields of laboratory apparatus, instruments, equipment and laboratory automation; downloadable electronic information and publications in the nature of downloadable electronic data files and databases in the fields of laboratory apparatus, instruments, equipment and laboratory automation; recorded data files featuring information about laboratory apparatus, instruments, equipment and laboratory automation; downloadable educational course materials in the fields of laboratory apparatus, instruments, equipment and laboratory automation for training and education; laboratory robots; laboratory robots, namely, automatic machines for collecting, distributing, transporting or positioning objects and solid, liquid or gaseous substances; Analytical apparatus and instruments for clinical diagnostic laboratory use, namely, light absorption measuring apparatus and luminescence and fluorescence measuring apparatus, pipetting devices and sampling devices, dispensers, motorized syringe diluters, pumps and dosing apparatus for taking liquid samples; disposable materials, namely, microplates, lids for microplates, containers for bioprocessing and cell culturing applications, boxes and trays for disposable pipetting tips for use in analytical apparatus and instruments for clinical diagnostic laboratory use; disposable pipette tips for use in analytical apparatus and instruments for clinical diagnostic laboratory use

 

The identification of goods and services in Classes 1, 5, 7, 10, 37, 40, 41, and 42 are acceptable.  See TMEP §§1402.01, 1402.01(e).

 

 

 

 

/Corinne Kleinman/

Corinne Kleinman

Examining Attorney

Law Office 122

571-272-7461

corinne.kleinman@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on April 22, 2022 for

U.S. Trademark Application Serial No. 90406865

 

A USPTO examining attorney has reviewed your trademark application and issued an Office action.  You may be required to respond to this Office action.  Follow the steps below.

 

(1)  Read the Office action.  This email is NOT the Office action.

 

(2)  Respond to the Office action, if a response is required.  Respond by the deadline using the Trademark Electronic Application System (TEAS).  Your response must be received by the USPTO on or before 11:59 p.m. Eastern Time of the last day of the response period.  Otherwise, your application will be abandoned.  See the Office action itself regarding how to respond.

 

(3)  Direct general questions about using USPTO electronic forms, the USPTO website, the application process, the status of your application, and whether there are outstanding deadlines to the Trademark Assistance Center (TAC).

 

After reading the Office action, address any question(s) regarding the specific content to the USPTO examining attorney identified in the Office action.

 

 

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 to ensure you receive important USPTO notices about your application.

 

·       Beware of trademark-related scams.  Protect yourself from people and companies that may try to take financial advantage of you.  Private companies may call you and pretend to be the USPTO or may send you communications that resemble official USPTO documents to trick you.  We will never request your credit card number or social security number over the phone.  And all official USPTO correspondence will only be emailed from the domain “@uspto.gov.”  Verify the correspondence originated from us by using your Serial Number in our database, TSDR, to confirm that it appears under the “Documents” tab, or contact the Trademark Assistance Center.

 

·       Hiring a U.S.-licensed attorney.  If you do not have an attorney and are not required to have one under the trademark rules, we encourage you to hire a U.S.-licensed attorney specializing in trademark law to help guide you through the registration process.  The USPTO examining attorney is not your attorney and cannot give you legal advice, but rather works for and represents the USPTO in trademark matters.