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  76/542262

 

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

 

EARLIER-FILED APPLICATIONS

 

Although the examining attorney has searched the Trademark Office records and has found no similar registered mark which would bar registration under Trademark Act §2(d), 15 U.S.C. §1052(d), the examining attorney encloses information regarding pending Application Serial Nos. 76/515883 and 78/254236.  37 C.F.R. §2.83. 

 

The filing dates of the referenced applications precede the applicant’s filing date, and there may be a likelihood of confusion between the applicant’s mark and the marks in the above-noted applications under §2(d) of the Act.  Therefore, if one or more of these earlier‑filed applications mature into registrations, the examining attorney may refuse registration under §2(d).

 

If the applicant chooses to respond to this office action, the applicant must also respond to the following issues:

 

 

DISCLAIMER

 

The applicant must disclaim the descriptive word “Complete” apart from the mark as shown. Trademark Act §6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).  The word is merely descriptive because it indicates that the supplements contain certain necessary ingredients.  See attached dictionary definition.

 

The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer.   TMEP §1213.08(a)(i).  A properly worded disclaimer should read as follows:

 

            No claim is made to the exclusive right to use “Complete” apart from the mark as shown.

 

See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).

 

com·plete (kem-plêt¹) adjective

com·plet·er, com·plet·est

Abbr. comp., cpl

1.    Having all necessary or normal parts, components, or steps; entire: a complete meal.

2.    Botany. Having all principal parts, namely, the sepals, petals, stamens, and pistil or pistils. Used of a flower.

3.    Having come to an end; concluded.

4.    Absolute; total: “In Cairo I have seen buildings which were falling down as they were being put up, buildings whose incompletion was complete” (William H. Gass).

5.    a. Skilled; accomplished: a complete musician. b. Thorough; consummate: a complete coward.

 

verb, transitive

com·plet·ed, com·plet·ing, com·pletes

1.    To bring to a finish or an end: She has completed her studies.

2.    To make whole, with all necessary elements or parts: A second child would complete their family.

 [Middle English complet, from Latin complêtus, past participle of complêre, to fill out : com-, intensive pref.. See com- + plêre, to fill.]

— com·plete¹ly adverb

— com·plete¹ness noun

— com·ple¹tive adjective

SIGNIFICANCE OF “E8”

 

The applicant must indicate whether “E8” has any significance in the relevant trade or industry or as applied to the goods.  37 C.F.R. §2.61(b).

 

 

 

                        Sue Carruthers                                                   

/Sue Carruthers/

Examining Attorney, Law Office 108

Phone: 703.671.9735

Fax: 703.746.8108 (formal responses only)

E-mail: ecom108@uspto.gov (formal responses only)

   sue.carruthers@uspto.gov (informal communications)

 

 

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.

 

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.