Offc Action Outgoing

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  76/514239

 

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

 

SEARCH OF OFFICE RECORDS

 

The examining attorney has searched the Office records and has found no similar registered mark which bars registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.  Please note that the examining attorney has found a potentially conflicting pending application.

 

REGISTRATION

 

Prior Pending Application

 

The examining attorney encloses information regarding pending Application Serial No. 78-050308.  The filing date of the referenced application precedes the applicant’s filing date.  There may be a likelihood of confusion between the two marks under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  If the referenced application matures into a registration, the examining attorney may refuse registration in this case under Section 2(d).  37 C.F.R. §2.83; TMEP §1208.01.

 

If the applicant believes that there is no potential conflict between this application and the earlier-filed application, the applicant may present arguments relevant to the issue.  The election to file or not to file arguments at this time in no way limits the applicant’s right to address this issue at a later point.

 

INFORMALITY

 

The applicant must respond to the following informality within six months or the application will be abandoned:

 

Identification and Classification of Goods

 

The identification of goods is unacceptable as indefinite and because it may be properly classified in more than one International Class.  Dog chews are classified by their material composition and purpose.  Dog and cat treats are properly classified in Class 31.  Flea and tick collars and powders as well as pet vitamins are properly classified in Class 5.  The applicant may adopt the following identification, if accurate: 

 

Dog chew sticks made from [applicant must indicate material] that are primarily for freshening breath (in International Class 3);

 

Flea and tick collars and powders; pet vitamins (in International Class 5);

 

Rawhide chews for dogs (in International Class 18);

 

Dog and cat treats (in International Class 31).  TMEP §1402.

 

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.

 

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.  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.  

 

Applicant’s Response

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  Additional information is available on-line at the Patent and Trademark Office site on the global computer network.  The site is located at WWW.USPTO.GOV.

 

/wgb/

William Breckenfeld

Trademark Attorney

Law Office 113

703-308-9113 x158

703-746-8113 Fax

ecom113@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.

 

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.