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  76/549481

 

The assigned trademark examining attorney has reviewed the referenced application filed on September 22, 2003, and has determined the following.

 

IDENTIFICATION/CLASSIFICATION OF GOODS

 

The identification of goods is unacceptable as indefinite because it combines goods in two International Classes.  Specifically, it is unclear as to what the applicant means by “tableting.”  If the “tableting” is pharmaceutical-related, then such goods would be classified in International Class 1.  If, however, the applicant’s “tableting” is food related, such goods would be classified in International Class 30. 

 

The applicant may adopt any or all of the following identifications, if accurate:

 

            “Dextrose and dextrose agglomerated with malto dextrin for use as a binder in the pharmaceutical tableting process,” in International Class 1.

 

            “Dextrose and dextrose agglomerated with malto dextrin for use in the confection, food tableting and prepared foods area,” in International Class 30.

 

Or

 

            “Dextrose and dextrose agglomerated with malto dextrin for use in the confection and prepared foods area,” in International Class 30.

 

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 assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.

 

REQUIREMENTS FOR COMBINED APPLICATIONS

 

As indicated above, the application identifies goods in two International Classes, however, the applicant has submitted a fee sufficient for only one International Class.  If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):

 

(1)   Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order.  TMEP § 1403.01; and

 

(2)   Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid.  37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

 

GENERAL INQUIRY ON SIGNIFICANCE

 

The applicant must indicate whether “DEXSTAR” has any significance in the relevant trade.  37 C.F.R. §2.61(b).

 

NO CONFLICTING MARKS NOTED

 

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

PLEASE NOTE:  Because it delays processing, submission of duplicate papers is discouraged.  Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted by fax.  Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).

 

 

 

 

 

/HS/

Howard Smiga, Trademark Examining Attorney

Law Office 102

Office 703-308-9102 x197

Fax 703-746-8102

Howard.Smiga@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 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.