UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/526617
APPLICANT: Vitarich Laboratories, Inc.
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CORRESPONDENT ADDRESS: RITA COYLE DEMEULES ROBINS, KAPLAN, MILLER & CIRESI, L.L.P. 2800 LASALLE PLAZA 800 LASALLE AVENUE MINNEAPOLIS, MINNESOTA 55402-2015 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
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MARK: FIFTH ELEMENT
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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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 76/526617
The assigned examining attorney has reviewed the referenced application and determined the following:
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 1105.01.
However, the applicant should note the following informality:
The identification of goods is unacceptable as indefinite because the phrase “and/or” fails to clearly indicate what goods are being offered. As a result, the identification of goods is neither specific enough to protect the goods sold by the applicant nor to give other applicants notice of the goods sold by the applicant. The applicant may adopt the following identification, if accurate:
Dietary and nutritional supplements in the nature of adaptogens, in International Class 5.
TMEP section 1402.01.
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(b); TMEP section 1402.06(a). Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. For your convenience, current status and status date information is available, via push button telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305‑8747 from 6:30 a.m. until midnight, Eastern Time, Monday through Friday, and entering a seven‑digit registration number or eight‑digit application number, followed by the "#" symbol, after the welcoming message and tone. Callers may request information for up to five registration number or application number records per call. Those with Internet access may also obtain status information by accessing the USPTO web site at: http://tarr.gov.uspto.report/.
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/Ronald E. Aikens/
Trademark Office
Law Office 103
Tel: (703) 308-9103, ext. 128
Fax: (703) 746-6422
Ron.Aikens@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.