To: | Cytek Biosciences, Inc. (docketing@alfordiplaw.com) |
Subject: | U.S. Trademark Application Serial No. 90569610 - FULL SPECTRUM PROFILING - 2067.T027US |
Sent: | August 18, 2021 02:36:51 PM |
Sent As: | ecom119@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90569610
Mark: FULL SPECTRUM PROFILING
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Correspondence Address: 23052H ALICIA PARKWAY, NO. 201
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Applicant: Cytek Biosciences, Inc.
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Reference/Docket No. 2067.T027US
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: August 18, 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.
In this case, the applicant seeks to register FULL SPECTRUM PROFILING for use in connection with flow cytometers and cell sorters for scientific, laboratory and general research use in Class 9, and flow cytometers and cell sorters for medical diagnostic and therapeutic uses in Class 10. The wording is merely descriptive of the cytometers and cell sorters because it is a combination of the descriptive wording FULL SPECTRUM, which describes a type of cytometry and the descriptive term PROFILING which describes the purpose or use of the cytometers and cell sorters, resulting in a mark which retains the descriptive significance of the original components. Attached hereto is representative Internet evidence showing how full spectrum cytometry works, as well as information about the applicant’s cytometers which use full spectrum profiling technology. For example, the printout of a webinar presentation abstract about the applicant’s goods indicates that the applicant’s technology allows users to fully characterize and extract AF data across the entire spectrum. Another article about the applicant’s product, on the Photonics Media website, states that “full-spectrum optical cytometry reveals the full emission spectrum of each dye using multiple detectors.” When used in connection with PROFILING which refers to the categorization of data, the combined wording is merely descriptive and does not function as an indicator of source for the goods.
How to respond. Click to file a response to this nonfinal Office action.
/Patty Evanko/
Patty Evanko
Examining Attorney
Law Office 119
571-272-9404
patty.evanko@uspto.gov (informal questions only)
RESPONSE GUIDANCE