UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/566273
APPLICANT: Apothecary Products, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: FLENTS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1993.186US02
CORRESPONDENT EMAIL ADDRESS: |
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
This letter responds to the applicant’s amended response filed on September 29, 2004. The standard character drawing amendment is accepted. The payment for an additional five classes is accepted. However, the applicant has failed to specify and classify a number of the goods listed. Therefore this FINAL ACTION is sent.
The identification of goods is indefinite. The applicant must clarify the identification of goods to specify the common commercial or generic name for the goods. If there is no common commercial or generic name, then applicant must describe the product and intended consumer as well as its main purpose and intended uses. The applicant has misclassified and failed to specify a number of the goods listed. The composition of the medical bracelets and chains must be specified. Some of the goods listed belong in additional International Classes at a greater cost to the applicant. The examining attorney has rewritten most of the identification to show the proper classification. Due to the complexity of the goods, the examining attorney suggests a phone conference prior to responding if the suggestions below are not satisfactory. Applicant may adopt the following identification of goods, if accurate: TMEP § 1402.01.
Medical adhesive tape, bandages, first aid kits, first aid kits for snake bites and tick removal, lice treatment shampoo, lice control spray; dental preparations, namely plaque identifying tablets; orthodontic wax; medicated diagnostic ph test strips for diabetics; cotton alcohol swabs for diabetic purposes; pre-moistened medicated wipes for toilet seats; douche kits comprised of water bottle, clamp, hose, bottle adaptor and pipes in Int. Cl. 5.
Tweezers; nose and ear hair trimmers; nail clippers, nail files; pet hair clippers; plastic tweezers for flea and tick removal in Int. Cl. 8.
Foot care products, namely, insoles, toe caps, pads, patches, splints, heal cups, bunion shields, bunion sleeves; thermal cold and hot packs for first aid and therapeutic purposes; dental care products, namely, dental mirrors, irrigating syringes, tongue cleaners, namely toothbrush scrapers; diabetic care products, namely, syringe magnifiers, specimen containers, syringe carrying cases, alcohol applicator bottles, lancets, syringe safety holders, syringe guards; first aid supplies and health care products, namely, eyewash cups, irrigating eyewash bottles, eye droppers, finger guards, finger splints, finger sleeves, finger cots, thermometers for medical purposes, eye patches for medical use, seizure sticks for use in restraining seizure victims, tourniquets; surgical instruments, namely, extractors, surgical scissors, surgical tape removers; eye dropper guides, tongue depressors; steam inhalers for therapeutic use sold empty, external nasal dilators, splinter removal kits comprised of tweezers and magnifying glass; orthopedic products, namely, arm slings, bandage clips; otoscopes; filtration masks for medical use; personal care products, namely, toilet seat covers, toilet seat wipes, enema kits comprised of water bottle, clamp, hose, bottle adaptor and pipes; portable urinals for medical purposes; rectal syringes, medical ice packs in the nature of ice bags, ear syringes, enema bottles sold empty, vaginal applicators, specimen cups, and bedpans; lice and lice eggs detection kits comprised of lice comb, cleaning brush, tweezers, and magnifying glass; specimen bottles for pet care; tablet cutters for pet medications in Int. Cl. 10.
Hot water bottles in Int. Cl. 11.
non-metal and non-leather medical id bracelets and medical identification key chains for hospital use; medicine organizers for pets, namely dispensers for pills or capsules sold empty in Int. Cl. 20.
Pet care products, namely, brushes and flea and tick combs; dental care products, namely toothbrushes and toothbrush covers, toothpicks, dental floss, toothpaste tube winders in Int. Cl. 21.
[The goods identified in Int. Classes 3, 9, and 25 are accepted as amended.]
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.
The identification of goods or services must be specific, definite, clear, accurate and concise. See In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296 (TTAB 1986), rev’d on other grounds, 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); Procter & Gamble Co. v. Economics Laboratory, Inc., 175 USPQ 505 (TTAB 1972), modified without opinion, 498 F.2d 1406, 181 USPQ 722 (C.C.P.A. 1974); In re Cardinal Laboratories, Inc., 149 USPQ 709 (TTAB 1966); California Spray-Chemical Corp. v. Osmose Wood Preserving Co. of America, Inc., 102 USPQ 321 (Comm’r Pats. 1954); Ex parte A.C. Gilbert Co., 99 USPQ 344 (Comm’r Pats. 1953). The accuracy of identification language in the original application is important because the identification cannot later be expanded. See 37 C.F.R. §2.71(a); TMEP §§1402.06 and 1402.07 et seq.; In re M.V Et Associes, 21 USPQ2d 1628 (Comm’r Pats. 1991).
If applicant does not respond within six months of the mailing date of this final action, then all of the goods identified will be deleted with the exception of the goods listed in Int. Classes 3, 9, and 25. The application will proceed forward for the goods remaining in these classes only. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).
Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
/srb/
Steven R. Berk
Examining Attorney
Law Office 102
(571)272-9246 (phone/fax)
How to respond to this Office Action:
You may respond formally using the Office's Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://eteas.gov.uspto.report/V2.0/oa242/WIZARD.htm and follow the instructions therein, but you must wait until at least 72 hours after receipt if the office action issued via e-mail). PLEASE NOTE: Responses to Office Actions on applications filed under the Madrid Protocol (Section 66(a)) CANNOT currently be filed via TEAS.
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.