UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/555561
APPLICANT: TOPCO HOLDINGS, INC.
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CORRESPONDENT ADDRESS: CAROL A. GENIS BELL, BOYD & LLOYD LLC P.O. BOX 1135 CHICAGO, ILLINOIS 60690-1135
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: TOP CARE BABY
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/555561
The assigned examining attorney has reviewed the referenced application and determined the following.
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.
However, several concerns remain to be addressed.
The applicant must insert a disclaimer of “BABY” in the application because the term is descriptive with regard to the goods, namely baby food and baby formula. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP section 1213
The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer. TMEP section 1213.09(a)(i). A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use “BABY” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).
Please note, a disclaimer does not remove the disclaimed matter from the mark. It is simply a statement that the applicant does not claim exclusive rights in the disclaimed wording or design apart from the mark as shown in the drawing.
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
John T. Lincoski /JTL/
Trademark Attorney
Law Office 113
(703)308-9113 ext. 286
John.Lincoski@USPTO.GOV
ba·by
ba·by (bâ¹bê) noun
plural ba·bies
1. a. A very young child; an infant. b. The youngest member of a family or group. c. A very young animal.
2. An adult or a young person who behaves in an infantile way.
3. Slang. A girl or young woman.
4. Slang. An object of personal concern or interest: Keeping the boat in good repair is your baby.
adjective
bab·i·er, bab·iest
1. Of or having to do with a baby.
2. Infantile or childish.
3. Small in comparison with others of the same kind: baby vegetables.
verb, transitive
ba·bied, ba·by·ing, ba·bies
To treat with often inordinate indulgence and solicitude. See synonyms at pamper.
[Middle English.]
— ba¹by·hood´ noun
— ba¹by·ish adjective[1]
[1]The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in accordance with the Copyright Law of the United States. All rights reserved.