Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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  76/538277

 

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

 

Search

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 §704.02. 

 

However, in order for the mark to be registerable, the applicant must respond to the following requirements:

 

Requirements

 

Identification of Goods

The identification of goods is unacceptable as indefinite because it does not adequately describe the nature of the goods (see examining attorney’s suggestions below).  It appears that the applicant is not selling minerals, but rather a final product which contains minerals.  Therefore, the applicant may adopt the following identification, if accurate:

 

Class 001: “Potassium permanganate impregnated into _____ (specify if accurate e.g., zeolite) and sold in packets for placement in refrigerators, freezers, fruit bowls, and the like to delay the ripening of foods including fruits and vegetables.”

 

TMEP §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. §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.

For your assistance and convenience, the “Acceptable Identifications of Goods and Services Manual” may be searched at the Office’s global network computer website address of  http://www.gov.uspto.report/main/trademarks.htm.

 

Specimen Not Acceptable to Show Use on Goods

The specimen is very dark and not very legible.  The specimen is unacceptable as evidence of actual trademark use because it appears to merely advertise the goods and does not show use on the goods themselves or the packaging for the goods.  Invoices, announcements, order forms, bills of lading, leaflets, brochures, publicity releases and other printed advertising material generally are not acceptable specimens.  In re Bright of America, Inc., 205 USPQ 63 (TTAB 1979); TMEP §§904.05 and 904.07.  See In re Ultraflight Inc., 221 USPQ 903 (TTAB 1984).  The applicant must submit a specimen showing the mark as it is used in commerce. 37 C.F.R. §2.56.  Examples of acceptable specimens are tags, labels, instruction manuals, containers, and photographs that show the mark on the goods or packaging.  TMEP §§904.04 et seq.  The applicant must verify, with an affidavit or a declaration under 37 C.F.R. §2.20, that the substitute specimen was in use in commerce at least as early as the filing date of the application.  37 C.F.R. §2.59(a); TMEP §904.09.

 

For the applicant’s convenience, a declaration is provided below.

 

DECLARATION

 

In re Serial No.:    

 

Trademark:               

 

 

Affidavit Under 37 C.F.R. Section 2.20

 

The attached specimen has been in use in commerce since the filing date of the application and remains in continuous use.

 

The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

 

________________________

 (Signature)

 

________________________

 (Print or type name and title)

 

________________________

 (Date)

 

Opportunity to Respond

No set form is required for response to this action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.

 

In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant's telephone number.  If the applicant has any questions or needs assistance in responding to this action, please telephone the examining attorney.

 

 

/Tricia L. Sonneborn/

Examining Attorney Law Office 110

Phone:  703.308.9110 ext. 138

Fax:      703.746.8110

 

 

 

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.