UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

Serial Number   76/516207      

 

NOTICE OF SUSPENSION

The Office has reassigned this application to the undersigned trademark examining attorney.

 

Action on this application is suspended pending the disposition of:

 

                        - Application Serial No(s). 76267997 and 76476681

 

Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application.  See 37 C.F.R. §2.83.  A copy of information relevant to this pending application(s) was sent previously.  The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension.  The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later.

 

Classification Change 

In accordance with the authorization granted pursuant to TMEP §707.02, the application has been AMENDED as indicated below.  No response is necessary unless there is an objection to the amendment.

 

The application is amended to classify the goods in International Class 5.  37 C.F.R. §2.85; TMEP §§1401.03(b) and 1402.11.

 

Continued Requirement:

 

Applicant Cannot Assert Both Section 1(a) and Section 1(b) Filing Bases for the Same Goods/Services

The applicant asserts use of the mark in commerce for nutritionally fortified water and applicant asserts that it has a bona fide intent to use the mark in commerce for the same goods.  An applicant may not assert both use of the mark in commerce, under Trademark Act Section 1(a), 15 U.S.C. §1051(a), and intent to use the mark in commerce, under Trademark Act Section 1(b), 15 U.S.C. §1051(b), for the same goods or services.  37 C.F.R. §2.34(b)(1); TMEP §806.02(b).  The applicant must delete one basis or divide the goods/services between the two bases, as appropriate. 

 

The examining attorney suggests that the applicant delete the Section 1(b) intent to use basis as the applicant has supplied acceptable specimens of use.

Contacting the Examining Attorney

The examining attorney can be contacting at the following telephone numbers and fax numbers:

 

Monday -  Friday:                                                410-867-9170

 

Arlington Phone Number:                                                703-308-9110 X. 227

 

DIRECT FAX:                                                                        703-746-6125

 

EMAIL ADDRESS:                                                amy.hella@uspto.gov

 

NOTE TO APPLICANTS:  The examining attorney’s email address should be used for informal questions and comments ONLY and should not be used for formal responses. 

 

To expedite prosecution of this application, applicant is encouraged to file its response to this Office action through the Trademark Electronic Application System (TEAS), available at http://eteas.gov.uspto.report/V2.0/oa211.  Alternatively, the applicant may mail the response.

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

 

/Amy E. Hella/

Trademark Examining Attorney

Law Office 110

US Patent & Trademark Office

703-308-9110 x. 227