| To: | Wise Choice Health, Inc. (mmizrahi@bjtlaw.com) |
| Subject: | TRADEMARK APPLICATION NO. 76519148 - BODYPURE - 03-122-Z |
| Sent: | 1/6/04 4:32:58 PM |
| Sent As: | ECom111 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/519148
APPLICANT: Wise Choice Health, Inc.
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CORRESPONDENT ADDRESS: Mark B. Mizrahi BELASCO JACOBS & TOWNSLEY, LLP Suite 630 Howard Hughes Center 6100 Center Drive Los Angeles CA 90045 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom111@uspto.gov
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MARK: BODYPURE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 03-122-Z
CORRESPONDENT EMAIL ADDRESS: mmizrahi@bjtlaw.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 76/519148
The assigned examining attorney has reviewed the referenced application and determined the following.
NO CONFLICTING MARKS LOCATED:
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.
However, the applicant must comply with the following requirements.
SIGNIFICANCE OF WORDING:
The applicant must indicate whether the wording “BODYPURE” or “BODY PURE” has any significance in the relevant trade or industry or as applied to the goods/services. 37 C.F.R. §2.61(b).
IDENTIFICATION OF GOODS:
The wording used by the applicant in the identification of goods is unacceptable as indefinite because the nature of the bandages and patches is not clear.
The applicant may adopt the following identification, if accurate:
“Herbal preparations, namely therapeutic systems in the form of a bandage or patch for treating skin wounds” in International Class 5. TMEP §1402.01.
In the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases. If the applicant chooses to use indefinite terms, such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” and “products,” then those words must be followed by the word “namely” and the goods listed by their common commercial names. TMEP §§1402.01 and 1402.03(a).
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.
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.
/ROBERT L. LORENZO/
Robert L. Lorenzo
Trademark Attorney
Law Office 111
(703) 308-9111 x 117
Robert.Lorenzo@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.