UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/566273
APPLICANT: Apothecary Products, Inc.
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*76566273* |
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CORRESPONDENT ADDRESS: LINDA M. BYRNE MERCHANT & GOULD P.C. P.O. BOX 2910 MINNEAPOLIS, MN 55402-0910
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: FLENTS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1993.186US02
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 76/566273
The assigned examining attorney has reviewed the referenced application and determined the following.
No Conflicting Marks Noted
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 704.01.
The identification of goods is unacceptable as indefinite. The applicant must reclassify and specify a number of the goods listed. Please note that the applicant has listed goods that fall into additional International Classes at a greater cost to the applicant. The examining attorney has eliminated all redundancies. 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/. The applicant may adopt the following identification, if accurate: TMEP §1402.01.
Cosmetics, namely foot moisturizers and conditioners, dental bleaching gel, toothpaste in Int. Cl. 3.
Medical adhesive tape, athletes foot powder, Epsom salts, athletes foot lotion, antibiotic creams and athletes foot preparations, medicated anti-fungal powders and creams, adhesive bandages, first aid kits, first aid kits for snakebites and tick removal in Int. Cl. 5.
Fire blankets, namely rescue blankets in Int. Cl. 9.
Medical support devices, namely, elbow braces, knee braces, palm/wrist braces, ankle braces, elastic bandages and orthopedic footwear in the nature of heel cups; orthopedic footwear in the nature of insoles, toe caps, and toe pads, and foot patches, foot splints, medical apparatus, namely diabetic blood glucose monitors; dental care products, namely, oral dental rinses, dental mouth rinse sprays, dental preparations, namely medicated fluoride treatments and desensitizers; lice treatment preparations, namely, hair shampoo, lice and lice egg screening and detecting preparations; veterinary apparatus for use in pet care support, namely [specify, e.g. dog leg splints] and personal care support devices, namely [specify, e.g. canes for medical purposes]; first aid supplies and health care products, namely, eyewash cups, eye droppers, finger guards, finger splints, thermometers for medical purposes, eye protectors for post-surgery eye protection, surgical instruments, namely extractors, chemically activated cold packs for medical purposes, surgical scissors, namely bandage scissors, eye dropper guides, finger splints in the nature of finger cots, tongue depressors, irrigating eye wash bottles, eye drop dispensing apparatus, namely eyedroppers, surgical instruments, namely surgical tape removers, mouth shields for use in the medical field, medical apparatus, namely seizure sticks for use in restraining seizure victims, reviver apparatus namely [specify, e.g. cpr masks], tourniquets, wrist massage apparatus, external nasal dilators, eye massagers, steam inhalers for therapeutic use sold empty, medical apparatus, namely splinter removal kits, comprised of [specify, e.g. surgical splint scissors], surgical scissors in the nature of first aid scissors, medical arm slings, bandage surgical clips, and otoscopes in Int. Cl. 10.
Travel wristbands, headache headbands in Int. Cl. 25.
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.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
It is assumed that the applicant intended a standard character mark. Typed drawings no longer exist for applications filed on or after November 2, 2003. 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).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/srb/
Steven R. Berk
Examining Attorney
Law Office 102
(703) 308-9102x210
fax: (703) 746-8102
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.