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  76/455932

 

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

 

Office Will Not Issue Duplicate Registrations

 

The applicant owns Registration No. 2079088, for the same mark and goods for which the current application seeks registration.  The Office will not issue two or more identical registrations.  TMEP section 703.  Accordingly, the examining attorney must refuse registration for the current application.  If the applicant seeks cancellation of Reg. No. 2079088, the applicant may wish to refer to TMEP section 1611.

 

Ownership of Registered Mark

 

If the applicant is the owner of Registration No. 2079088, the applicant must submit a claim of ownership.  37 C.F.R. Section 2.36.

 

Certificate of Foreign Registration Required

 

An application under Trademark Act Section 44(e), 15 U.S.C. §1126(e), must include a certification or certified copy of a foreign registration from the applicant’s country of origin.  The applicant’s country of origin must either be a party to a convention or treaty relating to trademarks to which the United States is also a party,  or must extend reciprocal registration rights to nationals of the United States by law.  See TMEP §§1002.01 and 1004.

 

The application does not contain the certified copy.  Therefore, the applicant must submit a certification or certified copy of the foreign registration.  If the foreign certificate of registration is not written in English, the applicant must provide an English translation.  The translator should sign the translation.  See TMEP §§1004.01 and 1004.01(b).

 

Meaning of NALERGIA

 

If the examining attorney is not satisfied that there is sufficient information in the record, or that he or she can secure sufficient information from sources available to him or her, to permit proper examination of the application, the examining attorney may request the applicant to furnish information.  37 C.F.R. §2.61(b).  The examining attorney has an affirmative duty to seek out information necessary for proper examination.  Bart Schwartz International Textiles, Ltd. v. Federal Trade Commission, 289 F.2d 665, 129 USPQ 258 (C.C.P.A. 1961), aff'g 121 USPQ 99 (TTAB 1959). 

 

Please state the meaning or translation of NALERGIA.  Please state whether the term has any significance in the relevant trade or industry or as applied to the goods.  In addition, please state whether the term NALERGIA has any other meaning.

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.

 

No Likelihood of Confusion

 

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  TMEP section 704.01.

 

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

 

Gwen P. Stokols

 

/Gwen P. Stokols/

Trademark Examining Attorney

Law Office 107

 

Telephone:  703-308-9107, x. 275

Fax:  703-746-8107

 

 

 

 

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.