UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

PRIORITY ACTION

 

OFFICE SEARCH:  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. Section 1052(d).  TMEP section 704.02. 

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.  This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

 

Serial Number  76/518262

 

The following issues were discussed in communication with Paul Kilmer on November 6, 2003.

 

Identification of Goods

 

International Class 1

 

The wording “Chemical substances for preserving food stuffs” in the identification of goods is unacceptable as indefinite because the wording “substances” is not permitted within the identification.  The applicant may amend this wording to “Chemicals used in the manufacture of food for the purpose of preserving foods,” “Chemical preservatives used in the manufacture of food,” or “Chemical substances for preserving food, namely, sulfite,” if accurate.  TMEP §1402.01.

 

International Class 3

 

The wording “dentrifrices” in the identification of goods is unacceptable as indefinite because the wording appears to be misspelled.  The applicant may amend this wording to “dentifrices,” if accurate.  TMEP §1402.01.

 

International Class 5

 

The wording " Pharmaceutical, veterinary, sanitary substances" in the identification of goods needs clarification because the wording “substances” is overly indefinite and the specific product must be indicated.  Applicant must amend the identification of goods to specify the common commercial or generic name for the goods.  If there is no common commercial or generic name for the product, then applicant must describe the product and intended consumer as well as its main purpose and intended uses.  For example, the applicant may amend to the following, if accurate, “Pharmaceutical preparations for use in chemotherapy,” “Veterinary vaccine for horses,” or “Sanitizers for hospital use.” TMEP §1402.01.

 

International Class 10

 

The wording "Surgical, medical, dental and veterinary instruments " in the identification of goods needs clarification because the specific product must be indicated.  Applicant must amend the identification of goods to specify the common commercial or generic name for the goods.  If there is no common commercial or generic name for the product, then applicant must describe the product and intended consumer as well as its main purpose and intended uses.  For example, the applicant may amend to the following, if accurate, “Surgical instruments, namely [indicate specific items, e.g., scalpels, blades and staplers],” “Medical syringes,” “Dental instruments, namely [indicate specific items, e.g., picks, burrs, mirrors],” or “Thermometers used for veterinary medical purposes.”  TMEP §1402.01.

 

Additions Not Permitted

 

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. Section 2.71(a); TMEP section 804.09.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods or services recited in the present identification.

 

On-Line Identification Manual

 

The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and their classification.

 

http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

 

 

 

Living Individual

 

The applicant must indicate whether the name “DR. REDDY” is that of a specific living individual.  If so, the individual's written consent to register the name or likeness must be submitted.  The purpose of this inquiry is to avoid the unauthorized registration of an individual's name or likeness.  Consent is required for registration of a pseudonym, stage name or nickname if such name identifies a specific living individual.  TMEP section 813. 

 

If the name is not a living individual, the applicant must issue the following statement for the record:  “The name shown in the mark does not identify a living individual.” 

 

Typed Drawing Required

 

The drawing is not acceptable because the mark is not typed entirely in capital letters.  37 C.F.R. §2.52(a)(1); TMEP §807.06.  The applicant must submit a new drawing.  If the applicant wishes to register the typed version of the mark, the applicant must submit a drawing on which the mark is typed entirely in capital letters.  If the applicant intends to show the mark in special form, the applicant must submit an acceptable special‑form drawing.  37 C.F.R. §2.52.

 

The requirements for a typed drawing are as follows:

 

The Office prefers that the drawing be typed on a separate sheet of smooth, nonshiny, white paper 8 to 8½ inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet contain a heading listing, on separate lines, the applicant’s complete name; the applicant’s address; the goods or services recited in the application; and, if the application is filed under Section 1(a) of the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the application is filed under Section 44(d), the priority filing date of the foreign application.

 

The mark must be typed entirely in capital letters, without spaces between the letters.

 

37 C.F.R. §2.52; TMEP §§807.01(a), 807.01(b), 807.01(c) and 807.06.

 

No Conflicting Marks Noted

 

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

 

__________________________

/Judy Grundy/

Trademark Examining Attorney

Law Office 106

(703) 308-9106 ext. 296

(703) 746-8106 fax number

ecom106@uspto.gov (official responses)

judy.grundy@uspto.gov (non-responsive questions)

 

 

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