UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/499936
APPLICANT: Discovery Communications, Inc.
|
|
CORRESPONDENT ADDRESS: ALAN BLUM WHITE & CASE LLP 1155 AVENUE OF THE AMERICAS NEW YORK, NEW YORK 10036
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
|
MARK: ANIMAL PLANET
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
|
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.
|
Serial Number 76/499936
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.
Identification of Goods
The identification of goods is unacceptable because the term “non-medicated flea treatments” is indefinite or improperly classified, or both. First, the term “treatments” alone renders the identification indefinite. Moreover, virtually all the items listed in the Trademark Identification Manual and virtually all the items listed in registered marks that have registered recently dealing with treating fleas appear to be in Class 5. As such, at the very least applicant should specify exactly what the treatments are. It may very well be that these items are actually in Class 5. If so, applicant may either delete reference to these items or place them in Class 5 and file the application as a multiple class application as outlined below. TMEP §1402.01.
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 goods or services that are not within the scope of the goods and services recited in the present identification.
Applicant also may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and their classification at the site listed below.
http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/
The examining attorney may also be contacted at the telephone numbers below for further consultation regarding the identification.
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 goods/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 goods/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.
/Paul F. Gast/
Examining Attorney, L. O. 106
(703) 435-3391 ext. 297 main
(703) 308-9106 ext. 297 alternate
(703) 746-8106 LO 106 FAX
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.