UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/075608

 

                                                Non-Final Action

 

A random quality review determined that the following additional errors in the identification of goods must be corrected:

 

The applicant must state whether the “diaper ointment” is medicated or non-medicated.  “Non-medicated diaper rash ointment” belongs in International Class 3 while “medicated diaper rash ointment” belongs in International Class 5.

 

The applicant must clarify that its “cocoa butter lotion” is “cocoa butter lotion for cosmetic purposes, in International Class 3.”  Cocoa butter for food purposes belongs in International Class 29.

 

The purpose of the “benzyl” must be stated.  If it is an industrial chemical, it must be placed in International Class 1.

 

The applicant must state the purpose of the “isopropyl alcohol.”  Alcohol for use in the manufacture of paints belongs in International Class 1.  “Rubbing alcohol for topical use” belongs in International Class 5.

 

The applicant must state the purpose of its “castor oil” (correcting the spelling from “caster”).  Castor oil is used both as an industrial lubricant (Class 4) and as a vitamin supplement and laxative (Class 5).

 

The word “singles” is a registered trademark (see attached registrations).  The applicant must use other language to identify this product.

 

“Artificial egg products” must be changed to “artificial egg product.”  In the plural, it implies the existence of a wide range of goods containing eggs.

 

“Tater tots” is a registered trademark (see attached registration).  The applicant must use other language to identify this product.

 

If the phrase “chicken and noodles” implies a prepared meal consisting primarily of chicken, this must be clarified and the goods must be moved to Class 29.

 

If the phrase “beef and rice mix” implies a prepared meal consisting primarily of beef, this must be clarified and the goods must be moved to Class 29.

 

If the phrase “chicken and rice mix” implies a prepared meal consisting primarily of chicken, this must be clarified and the goods must be moved to Class 29.

 

“Cooking spray” is vague.  If the spray consists primarily of cooking oil, this must be stated and the goods must be moved to International Class 29.

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

 

The applicant must rewrite the identification of goods in its entirety because of the nature and extent of the amendment.  37 C.F.R. §2.74(b).

 

Notice of Fee Increase

 

Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

 

 

 

 

 

/Doritt Carroll/

Examining Attorney, LO 116 (703) 306-7904

ecom116@uspto.gov

www.gov.uspto.report/teas/index.html

fax: (703) 746-8116

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.