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  76/467131

 

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

 

No Conflicting Marks Noted

 

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. §1052(d).  TMEP §704.02.

Office Does Not Issue Duplicate Registrations

 

The Office will not issue two or more identical registrations.  Applications filed under §1 of the Trademark Act are considered identical if the only difference between them is that one is based on use in commerce under §1(a) and the other is based on intent-to-use under §1(b).  However, an application filed under §1 and an application filed under §44 that are otherwise identical are not regarded as duplicate registrations.  TMEP § 703. 

If two applications would result in registrations that are exact duplicates, the Office will permit only one application to mature into registration, and will refuse registration in the other application.  If practicable, the Office will permit the applicant to choose which application should mature into registration.

The applicant has also filed Application Serial No. 75901449.  Because these applications are identical, the applicant must abandon one of them.  The Patent and Trademark Office will not issue duplicate registrations.  TMEP §703.

 

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.

 

 

 

/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.

Mark
        BOOSTRIX
Goods and Services
        IC 005. US 006 018 044 046 051 052. G & S: human vaccines
Mark Drawing Code
        (1) TYPED DRAWING
Serial Number
        75901449
Filing Date
        January 20, 2000
Filed ITU
        FILED AS ITU
Publication for Opposition Date
        August 28, 2001
Owner Name and Address
        (APPLICANT) SmithKline Beecham Biologicals, S.A. CORPORATION BELGIUM Rue de l'lnstitut 89 B-1330 Rixensart BELGIUM
Type of Mark
        TRADEMARK
Register
        PRINCIPAL
Live Dead Indicator
        LIVE
Attorney of Record
        Pamela A. May