Offc Action Outgoing

OPTIBERRY

RYUSENDO CO., LTD.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/406462

APPLICANT: InterHealth Nutraceuticals

CORRESPONDENT ADDRESS:

TAWNYA R. WOJCIECHOWSKI

SHEPPARD, MULLIN, RICHTER & HAMPTON

650 TOWN CENTER DRIVE, FOURTH FL

COSTA MESA, CALIFORNIA 92626

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom105@uspto.gov

MARK: OPTIBERRY

CORRESPONDENT’S REFERENCE/DOCKET NO: VKH-new

CORRESPONDENT EMAIL ADDRESS:

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Examining Attorney's name and

Law Office number.

4. Your telephone number and e-mail address.

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 76/406462

The assigned examining attorney has reviewed the statement of use filed on August 11, 2003, and has determined the following.

The specimen does not show use of the mark for any goods in International Class 1 identified in the statement of use. In particular, the specimen of use for International Class 1 shows the mark being used in connection nutritional supplements rather than chemicals used in the manufacture of nutritional supplements. The applicant must submit a specimen showing use of the mark for the goods/services specified. 37 C.F.R. §§2.56 and 2.88(b)(2); TMEP §1109.09(b). The applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce prior to the expiration of the time allowed to the applicant for filing a statement of use. 37 C.F.R. §2.59(b); TMEP §904.09.

If an amendment of the dates-of-use clause is necessary in order to state the correct dates of first use, the applicant must verify the amendment with an affidavit or a declaration in accordance with 37 C.F.R. §2.20. 37 C.F.R. §2.71(c); TMEP §§903.05 and 1109.09(a).

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

/Barney L. Charlon/

Trademark Examining Attorney

Law Office 105

(703) 308-9105 ext. 130

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.