UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

EXAMINER’S AMENDMENT/PRIORITY ACTION

 

OFFICE 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 section 704.02.   

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.   This case will be given priority as an amended case if you respond to the requirements stated below within two months. 

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

 

 

Serial Number 76/565839

 

EXAMINER'S AMENDMENT

 

In accordance with the authorization granted by TMEP §707.02(1), the application has been AMENDED as indicated below.  No response is necessary unless there is an objection to the amendment.  If there is an objection to the amendment, the applicant should notify the examining attorney immediately.

 

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 §707.02.

 

Standard Character Claim

The following standard character drawing claim is added to the record:

 

The mark is presented in standard character without claim to any particular font style, size, or color.

 

37 C.F.R. §2.52(a).

 

 

PRIORITY ACTION

 

This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

Disclaimer Requirement

The applicant must disclaim the descriptive wording “ALIMENTOS” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).  The wording is merely descriptive because the term is translated to mean food and the applicant’s supplements are a type of food.  See attached online dictionary definition and translation.  A properly worded disclaimer should read as follows:

 

            No claim is made to the exclusive right to use ALIMENTOS apart from the mark as shown.

 

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

 

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.

 

Translation of Foreign Wording

The applicant must submit an English translation of all foreign wording in the mark.  37 C.F.R. Section 2.61(b); TMEP § 809.  The applicant states that “the mark is the term ‘THE OMEGA TREE,’”  however, the applicant’s mark translates to mean ANCESTRAL FOODS.  See attached online dictionary translation.  The applicant must provide an accurate translation of the mark.  TMEP § 819.  The applicant may adopt the following statement, if accurate:

 

The English translation of ALIMENTOS ANCESTRALES is ANCESTRAL FOODS.

 

Information for the Applicant

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 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.

 

PLEASE NOTE:  Submission of duplicate papers is discouraged because it delays processing.  Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted by fax.  TMEP 702.04(e); Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).

 

Change in USPTO Trademark Contact Information

The USPTO Trademark Operations will be moving to the new Alexandria, Virginia facility in October and November 2004.  During that time, you are strongly encouraged to communicate with the USPTO through the Trademark Electronic Application System (TEAS) that can be found at www.uspto.gov .

 

Effective October 4, 2004, all Trademark-related paper mail must be sent to:

 

            Commissioner for Trademarks

            P.O. Box 1451

            Alexandria, VA  22313-1451

 

Law Office 102 will move the week of October 12th, 2004.  To reach me by phone after that date call (571) 272-9247. 

 

To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9102.

 

PLEASE NOTE:  All of the issues raised can be resolved by telephone.  The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

Kelly F. Boulton

Trademark Attorney

Law Office 102

703-308-9012 ext. 236

 

 

 

 

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