To: | Jobe, Gary Ferguson (mindbodywork@earthlink.net) |
Subject: | TRADEMARK APPLICATION NO. 76520559 - LIFE ENHANCEMENT THERAPY - N/A |
Sent: | 6/4/04 12:01:44 PM |
Sent As: | ECom115 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/520559
APPLICANT: Jobe, Gary Ferguson
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*76520559* |
CORRESPONDENT ADDRESS: Gary Ferguson Jobe 1300 NW 53rd Drive Portland OR 97210
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: LIFE ENHANCEMENT THERAPY
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: mindbodywork@earthlink.net |
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 76/520559
The applicant’s letter filed May 21, 2004 is an incomplete response to the Office action dated November 24, 2004 because the issue of confusing similarity was ignored, and even though the amendment to the Supplemental register obviates the descriptiveness refusal, the generic word “therapy” must be disclaimed, since the services entail the provision of therapy. Because this omission appears to be inadvertent, the applicant may complete its response either within thirty days of the mailing date of this letter or within the time remaining in the response period of the last Office action, whichever is longer. 37 C.F.R. §2.65(b). See TMEP §718.03(b).
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP §1213.08(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use “THERAPY” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
/Ira Goodsaid/
Examining Attorney
Law Office 115
(703) 308-9115 ext. 159
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 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.