Offc Action Outgoing

PREVICOX

BOEHRINGER INGELHEIM ANIMAL HEALTH USA INC.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/523444

APPLICANT: MERIAL UINITED

*76523444*

CORRESPONDENT ADDRESS:

BREWSTER TAYLOR

LARSON & TAYLOR, PLC

1199 NORTH FAIRFAX STREET, SUITE 900

ALEXANDRIA, VIRGINIA 22314

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

MARK: PREVICOX

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

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.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 76/523444

This letter responds to the applicant’s communication filed on April 15, 2004.

The identification of goods is acceptable.

The applicant should also note the following additional ground for refusal.

Registration is thus refused because applicant does not appear to be the owner of a valid registration in applicant’s country of origin. Trademark Act Section 44(e), 15 U.S.C. §1126.

The application record shows that applicant has a domicile in the United Kingdom, but has submitted a foreign registration from France as a basis for registration in the United States. In order to have a valid basis for registration, applicant must show that it has a bona fide and effective industrial or commercial establishment in France. In other words, applicant must provide evidence that France is a “country of origin.” Trademark Act Section 44(c), 15 U.S.C. §1126(c); TMEP §§1002.01 and 1002.04.

If applicant cannot show that France is a country of origin, applicant may wish to amend the application to claim §1(a) or §1(b) as a basis. See 37 C.F.R. §2.35 and TMEP §§806.03 et seq. regarding amendment of the basis.

/Irene Williams/

Irene Williams

Law Office 112

(703) 308-9112 x122

fax:(703) 746-8112

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.

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

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