| To: | Lin, James C. (AttomeyLee@aol.com) |
| Subject: | TRADEMARK APPLICATION NO. 76479171 - VIKING NUTRITION - 48,201 |
| Sent: | 6/30/03 2:45:17 PM |
| Sent As: | ECom114 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/479171
APPLICANT: Lin, James C.
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CORRESPONDENT ADDRESS: CHENG C. LEE, ESQ. LAW OFFICES OF CHENG C. LEE 4676 ADMIRALTY WAY STE 503 MARINA DEL REY CA 90292-6606
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: VIKING NUTRITION
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CORRESPONDENT’S REFERENCE/DOCKET NO: 48,201
CORRESPONDENT EMAIL ADDRESS: AttomeyLee@aol.com |
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 76/479171
The assigned examining attorney has reviewed the referenced application and determined the following.
PLEASE NOTE: All of the issues raised can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
The applicant must insert a disclaimer of NUTRITION in the application because it is descriptive of a feature, purpose or characteristic of the retail pharmacy and drug development services. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.08(a)(i).
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use NUTRITION apart from the mark as shown.
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.
/Matthew C. Kline/
Trademark Examining Attorney
Law Office 114
(703) 308-9114 x 148
e-mail: ecom114@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.