UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/476922
APPLICANT: Schering Aktiengesellschaft
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CORRESPONDENT ADDRESS: WILLIAM F. LAWRENCE, ESQ. FROMMER LAWRENCE & HAUG LLP 745 FIFTH AVENUE NEW YORK NEW YORK 10151
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
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MARK: SKINDIVIDUALIZED
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CORRESPONDENT’S REFERENCE/DOCKET NO: 517710-8403
CORRESPONDENT EMAIL ADDRESS:
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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.
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Serial Number 76/476922
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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.
Recitation of Services
The recitation of services is unacceptable as indefinite because the nature of the services is unclear from the present record.
The applicant may adopt the following recitation, if accurate:
“Promotional services, namely, promoting public awareness of female healthcare,” in International Class 35. TMEP §1402.11.
“Educational services namely conducting programs in the field of female healthcare,” in International Class 41.
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.
Specimen
The specimen is unacceptable as evidence of actual service mark use because it does not show use in the sale or advertisement of the stated services. The applicant must submit a specimen showing the mark as it is used in commerce. 37 C.F.R. §2.56. Examples of acceptable specimens are signs, photographs, brochures or advertisements that show the mark used in the sale or advertising of the services. TMEP §§1301.04 et seq. 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 at least as early as the filing date of the application. 37 C.F.R. §2.59(a); TMEP §904.09.
The applicant’s claim of ownership of Application Serial No. 76209862 will not be printed on any registration which may issue from this application. If the claimed pending application matures into a registration before this application, the applicant may then claim ownership by registration number. 37 C.F.R. §2.36; TMEP §812.
Fee Increase
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.
/Naakwama Ankrah/
Trademark Attorney
Law Office 106
(703) 308-9106, ext. 462
(703) 746-8106 (fax)
Ecom106@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.