To: | Misonix, Inc. (davidj@gjip.com) |
Subject: | U.S. Trademark Application Serial No. 90663280 - THERAGRAFT - MIS-TM030 |
Sent: | March 28, 2022 09:50:03 AM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90663280
Mark: THERAGRAFT
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Correspondence Address:
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Reference/Docket No. MIS-TM030
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: March 28, 2022
This Office action is in response to applicant’s communication filed on March 8, 2022.
In a previous Office action dated December 28, 2021, the trademark examining attorney required applicant to satisfy the following requirements: Identification & Classification Goods, Multiple-Class Application Requirements, and Signature & Declaration Required.
Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied: Identification & Classification of Goods. See TMEP §§713.02, 714.04.
In addition, the following requirement has been withdrawn: Multiple-Class Application Requirements. See TMEP §§713.02, 714.04.
Further, the trademark examining attorney maintains and now makes FINAL the requirement in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
SIGNATURE & DECLARATION REQUIRED – FINAL
The following statements must be verified: That applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; that applicant believes applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; that to the best of the signatory’s knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive; and that the facts set forth in the application are true. 37 C.F.R. §§2.33(b)(2), (c), 2.34(a)(2), (a)(3)(i), (a)(4)(ii).
Although applicant properly signed the response, the actual declaration for the original application was not signed.
TEAS response form instructions for providing a declaration.
Open the TEAS form, answer “yes” to wizard question #9, and follow the instructions within the form for signing. In this case, the form requires two signatures: one in the “Declaration Signature” section and one in the “Response Signature” section.
For more information about the verified statement and instructions on providing one using the online Trademark Electronic Application System (TEAS) response form, see the Verified statement webpage.
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
Cameron McBride
/Cameron McBride/
Examining Attorney - Trademarks
Law Office 106
(571) 272-0542
Cameron.McBride@uspto.gov
RESPONSE GUIDANCE