UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/563798
APPLICANT: LIPO CHEMICALS, INC.
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*76563798* |
CORRESPONDENT ADDRESS: EZRA SUTTON LAW OFFICES EZRA SUTTON P.A. PLAZA 9 900 ROUTE 9 WOODBRIDGE, NEW JERSEY 07095 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: LIPOFILM
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CORRESPONDENT’S REFERENCE/DOCKET NO: LIPO 10.1-03
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 76/563798
The assigned examining attorney has reviewed the referenced application and has determined the following.
Search Results
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. §1052(d). TMEP §704.02.
Identification of Goods
(1) International Class 1
The wording “film-forming polymers” in the identification of goods is unacceptable as indefinite. The applicant may amend this wording to the following, if accurate. TMEP §1402.01
Film-forming polymers for use in the manufacture of [indicate general nature of items, e.g., food, pharmaceuticals, cosmetics or indicate for a wide variety of goods, if accurate] in international class 1.
(2) International Class 3.
In the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases. If the applicant chooses to use indefinite term, such as “products,” then that word must be followed by the word “namely” and the goods listed by their common commercial names. TMEP §§1402.01 and 1402.03(a). Please further note the wording “PROTECTIVE FILM FOR SKIN” could indicate goods in several international classes. Indeed, the applicant has placed “odor neutralizers in the wrong international Class.
Accordingly, the applicant may adopt the following wording for International Class 3, if accurate.
Skin care products and moisturizing products, namely, [list specific items, e.g., skin cream, hand cream]; Protective film for skin, namely, patches containing sun screen and sun block for use on the skin in International Class 3;
And/or
Protective film for skin, namely, bandages for skin wounds International Class 5.
The applicant should note that the above suggested identification of goods is acceptable as written. Any alteration may render it unacceptable. Accordingly, if the applicant wishes to amend the goods differently, or if the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
Please further 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 § 1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the original identification.
Combined Applications
The applicant must clarify the number of classes for which registration is sought. The submitted filing fees are insufficient to cover all the classes in the application. Specifically, the application identifies goods that are classified in several international classes, however applicant paid the fee for only two classes.
The applicant must either: (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es). 37 C.F.R. §2.86(a)(2); TMEP §§810.0l, 1401.04, 1401.04(b) and 1403.01.
If the 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.
Drawing
Applicant must submit the following standard character claim: “The mark is presented in standard characters without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a).
No set form is required for response to this Office 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. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
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.
No set form is required for response to this Office 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. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
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.
/G. Fosdick/
Geoffrey Fosdick
Trademark Attorney
Law Office 111
(540) 851-0865
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.