To: | Entrada Therapeutics, Inc. (ustrademark@foleyhoag.com) |
Subject: | U.S. Trademark Application Serial No. 97041678 - SMART - 34018.00005 |
Sent: | June 02, 2022 04:19:14 PM |
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. 97041678
Mark: SMART
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Correspondence Address: |
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Applicant: Entrada Therapeutics, Inc.
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Reference/Docket No. 34018.00005
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: June 02, 2022
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
DEFERRED SEARCH AND ACTION ON THE MERITS
SUMMARY OF ISSUES THAT APPLICANT MUST ADDRESS
IDENTIFICATION OF GOODS AND SERVICES – CLARIFICATION REQUIRED
The identification of goods and services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Specifically, the applicant must specify the form and condition treated via the applicant’s International Class 5 pharmaceuticals.
Applicant may adopt the following identification, if accurate:
“pharmaceutical preparations for human use for use in treating ________________ [specify condition treated, e.g., ‘cancer’ or ‘diabetes’],” in International Class 5;
“pharmaceutical research and development services,” in International Class 42.
Trademark ID Manual: 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.
ADDITIONAL INFORMATION REQUIRED
Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade. Factual information about the services must clearly indicate what the services are and how they are rendered, their salient features, and their prospective customers and channels of trade. Conclusory statements will not satisfy this requirement for information.
In addition to the above requirements, the applicant must respond to the following inquiries:
(1) Will the applicant’s pharmaceuticals be contained in or delivered using computer or smart technology?
(2) Will the applicant’s research and development services pertain to pharmaceutical contained in or delivered using computer or smart technology?
(3) If the answer to the inquiries above is “no”, then what is the significance of the word “SMART” in the proposed mark?
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that information about the goods and services is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
QUESTIONS REGARDING THE INSTANT OFFICE ACTION
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Martha L. Fromm/
Trademark Examining Attorney
United States Patent & Trademark Office
Law Office 106
571-272-9320
Martha.Fromm@USPTO.gov
RESPONSE GUIDANCE