UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/532214

APPLICANT: BAVARIAN NORDIC A/S

CORRESPONDENT ADDRESS:

G. PATRICK SAGE

HUESCHEN AND SAGE

500 COLUMBIA PLAZA

350 EAST MICHIGAN AVENUE

KALAMAZOO, MICHIGAN 49007-3856

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3514

ecom103@uspto.gov

MARK: SOLVAXA

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 76/532214

The assigned examining attorney has reviewed the referenced application and determined the following.

IDENTIFICATION OF GOODS

The identification of goods is unacceptable as indefinite. The applicant must specify the use. The applicant may adopt the following, if accurate:

Pharmaceutical preparation for ________ [provide the purpose or use, i.e., the treatment of gout].

The applicant may wish to access the USPTO website to aid with the identification of goods. http://www.uspto.gov/web/menu/search.html click on Trademark Acceptable Identification of Goods and Services Manual.

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(a); TMEP section 804.09. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

MEANING OF TERM

The applicant must indicate whether the wording “SOLVAXA” has any significance in the relevant trade or industry or as applied to the goods/services. 37 C.F.R. §2.61(b).

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.

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

/Anne Madden/

Trademark Examining Attorney

Law Office 103

(703) 308-9103 ext. 130

ecom103@uspto.gov

(703) 746-8103 fax

How to respond to this Office Action:

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.uspto.gov/teas/index.html and follow the instructions.

To respond formally via E-mail, visit http://www.uspto.gov/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.uspto.gov/

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.uspto.gov/main/trademarks.htm

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