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  76/437230

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

Disclaimer :

 

The applicant must disclaim the descriptive letters "NSI" apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.02(a).  The letters are merely descriptive because it is the recognized acronym for “NUTRITION SCREENING INITIATIVE” which describes applicant’s services.

 

Recitation of Services :

 

The recitation of services is unacceptable as indefinite.  The applicant may adopt the following recitation, if accurate:    TMEP section 1301.05.

 

International Class 35: promoting public awareness of the need for nutrition screening

 

International Class 41: educational services, namely, organizing and conducting classes, seminars and workshops for health care professionals, administrators, policy makers and the public concerning nutrition screening (unchanged)

 

International Class 42: providing information in the field of nutrition screening through brochures and informational bulletins to health care professionals, administrators, policy makers and the public

 

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

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 services that are not within the scope of the services recited in the present identification.

 

Signed Declaration :

 

The application must be signed, and verified or supported by a declaration under 37 C.F.R. Section 2.20.  37 C.F.R. Section 2.33.  No signed verification or declaration was provided.  Therefore, the applicant must provide a signed verification or signed declaration attesting to the facts set forth in the application.  The applicant must indicate the date the application declaration was signed.  TMEP sections 704 and 803.02.

 

Amended Drawing Page :

 

The drawing is not acceptable because it contains the color gray in the design element and thus will not reproduce satisfactorily.  The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. Section 2.52. TMEP section 807.05.

 

The requirements for a special‑form drawing, in addition to the heading, are as follows.

 

            (1) The drawing must appear in black and white; no color is permitted.

 

            (2)  Every line and letter must be black and clear.

 

            (3)  The use of gray to indicate shading is unacceptable.

 

            (4)  The lining must not be too fine or too close together.

 

(5)  The preferred size of the area in which the mark is displayed is 2 1/2 inches (6.1 cm.) high and 2 1/2 inches (6.1 cm.) wide.  In no case may it be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.

 

(6)  If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.

 

37 C.F.R. Sections 2.51 and 2.52; TMEP section 807.05.  The Office will enforce these drawing requirements strictly.  TMEP section 807.

 

 

 

 

 

/Won T. Oh/

Law Office 104

(703) 308 - 9104 x-176

ecom104@uspto.gov

 

 

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.