Offc Action Outgoing

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  76/079841

 

On October 25, 2001, action on this application was suspended pending the disposition of Application Serial No. 78/014737.  The referenced application is no longer a potential bar to registration of the applicant’s mark. 

 

Upon further consideration, the examining attorney has reviewed the referenced application and determined the following.

 

Classification and Identification of Goods

 

The wording “dietary products for use in weight reduction and maintenance” in the identification of goods is too broad because it could include items classified in other classes.  The applicant must amend the identification to list each item by its common commercial name.  TMEP §§1401.04(b), 1402.01 and 1402.03.  The applicant may adopt the following identification of goods, if accurate:  Dietetic foods, drinks and beverages adapted for medical purposes; dietary products, namely, [specify e.g. diet pills] for use in weight reduction and maintenance; dietary additives in the form of supplements, dietary supplements, vitamin and mineral supplements, dietary supplements and nutritional meal replacements in the form of drink mixes, meal replacement bars, all being for use in reducing or maintaining bodyweight in International Class 005.

 

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.

 

Outstanding Refusals/Requirements

 

The applicant should note that the following refusals/requirements are continued and maintained:

 

1.)                           Likelihood of Confusion with U.S. Registrations Nos. 2,146,121 and 2,285,287.

2.)                           Disclaimer requirement.

 

Response Guidelines

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. 

 

Current status and status date information is available, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system.  The information may be accessed by calling (703) 305-8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven-digit registration number or eight-digit application number, followed by the “#” symbol, after the welcoming message and tone.  Callers may request information for up to five registration number or application number records per call.

 

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.

 

 

/Toni Y. Hickey/

Trademark Examining Attorney

Law Office 115

(703) 308-9115 X134

 

 

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.