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  76/382972

 

The assigned examining attorney has reviewed the statement of use filed on April 25, 2003 and has determined the following.

 

Varietal Name

 

The applicant has filed a number of applications to register several varietal names as trademarks.  The applicant should provide the following information to permit the examining attorney to reach an informed judgement concerning the registrability of the proposed mark.  The applicant must indicate whether OREGANO-THYME MINT has ever been used as a varietal name and whether a plant patent exists under such name.  37 C.F.R. Section 2.61(b); TMEP Section 1202.05.  See attached evidence obtained via the Internet, establishing the use of the mark among many well-known varietal names.

 

 

 

 

/Tracy Whittaker-Brown/

Examining Attorney, Law Office 111

U.S. Patent & Trademark Office

Phone: (703) 308-9111, ext. 468

Fax:  (703) 308-7191

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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.