UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/527188
APPLICANT: Hi-Q BIO-TECH INTERNATIONAL LTD.
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CORRESPONDENT ADDRESS: THOMAS J. MOORE BACON & THOMAS, PLLC 625 SLATERS LANE, FOURTH FLOOR ALEXANDRIA VA 22314-1176
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom110@uspto.gov
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MARK: HI-Q
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CORRESPONDENT’S REFERENCE/DOCKET NO: HI-Q6001USA/
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 76/527188
The assigned examining attorney has reviewed the referenced application and determined the following. The examining attorney has also reviewed the preliminary amendment dated August 26, 2003.
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.
Applicant must specify its entity type and citizenship. For example, an applicant can apply as an individual, a partnership, a corporation or a joint venture. 37 C.F.R. §2.32(a)(3); TMEP §§803.03 et seq. If applicant is an individual, then applicant must indicate his or her national citizenship for the record. 37 C.F.R. §2.32(a)(3)(i). If applicant is a corporation or association, then applicant must set forth the U.S. state or country (for foreign applicants only) under whose laws applicant is organized. 37 C.F.R. §2.32(a)(3)(ii). If applicant is a partnership, then applicant must list the names and the national citizenship or the U.S. state or country (for foreign applicants only) of organization or incorporation of all the general partners. 37 C.F.R. §§2.32(a)(3)(ii) and (iii); TMEP §803.04.
The identification of goods is unacceptable as indefinite. The applicant must identify the goods with more specificity. The applicant may adopt the following identification, if accurate:
Water purifying chemical for aquariums; clarification preparations for water; disincrustants other than household purposes for aquariums; industrial chemicals for use in the manufacture of __________[please specify]; chemical additives for __________[please specify use]; fungicides for domestic use; water purifying preparations for aquariums; and catalysts for use in ___________[please specify use], in International Class 1.
Aquarium pumps, in International Class 7.
Aquarium filtration apparatus; aquarium heaters; and water filtering units for aquarium, in International Class 11.
Fish sperm; fish food in the nature of powder made of whole fish; fodder for fish; fodder for shrimp; mixed fodder for fish and shrimp; fodder for fisheries; additives to fodder not for medical purposes, in International Class 31.
The wording “tensio-active agents, emollients for industrial purposes, accelerators” in the identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify the commercial name of the goods. If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.
The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and services.
http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/
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 that are not within the scope of goods set forth in the present identification.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/thl/
Tarah K. Hardy Ludlow
Trademark Attorney
Law Office 110
(703) 308-9110, x. 223
(703) 746-6493 fax
ecom110@uspto.gov (for formal responses)
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.