Priority Action

BOOTIE BATH

NAC VITAMIN COMPANY, INC.

Priority Action

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/520041

APPLICANT: NAC VITAMIN COMPANY, INC.

CORRESPONDENT ADDRESS:

JOHN G. TUTUNJIAN

KEUSEY, TUTUNJIAN & BITETTO, P.C.

14 VANDERVENTER AVENUE, SUITE 128

PORT WASHINGTON, NEW YORK 11050

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom114@uspto.gov

MARK: BOOTIE BATH

CORRESPONDENT’S REFERENCE/DOCKET NO: 220-27

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.

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.

Serial Number 76/520041 BOOTIE BATH

The following issues were discussed in communication with the above applicant or attorney December 27, 2003.

I. DISCLAIMER:

The applicant will make the following disclaimer:

No claim is made to the exclusive right to use BATH apart from the mark as shown.

Trademark Act Section 6, 15 U.S.C. §1056; TMEP §1213.

As noted to applicant, this wording is merely descriptive of the use/function of the goods, namely, that they are used for cleaning the body, where BATH is defined, in relevant part, as “[t]he act of soaking or cleansing the body.”[1]

If the applicant has any questions regarding this Priority Action, please telephone the assigned examining attorney.

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.

/KSC/

Karanendra S. Chhina

Trademark Attorney

Law Office 114

(703) 308-9114 x441

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

[1]The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in accordance with the Copyright Law of the United States. All rights reserved.