UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/566663
APPLICANT: Barr Laboratories, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: CARE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1710.4840000
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 76/566663
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. §1052(d). TMEP §704.02.
The identification of goods/services also needs clarification because it is too broad and could include goods classified in other international classes. TMEP §§1402.01 and 1402.03. The applicant must also clarify the recitation of services, e.g. by further explaining the “program” to support the marketing of pharmaceuticals and by clarifying that the informational services are medical information services, since the service of providing information is classified in the class of the underlying information. Therefore, the applicant may amend the identification to substitute one or more of the following, if accurate:
Business services, namely, assisting others in the marketing of over-the-counter pharmaceuticals formerly categorized as prescription pharmaceuticals (Class 35), and/or
Educational services, namely, an educational program featuring [specify classes, seminars, etc.] for healthcare professionals, pharmacists and consumers on the availability and use of over-the-counter pharmaceuticals formerly categorized as prescription pharmaceuticals (Class 41), and/or
Medical information services, namely, providing information to healthcare professionals, pharmacists and consumers on the availability and use of over-the-counter pharmaceuticals formerly categorized as prescription pharmaceuticals (Class 44).
If 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 under Trademark Act Section 1(b) and/or a foreign registration under Trademark Act Section 44(e):
(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.
Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.
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.
/James T. Griffin/
Trademark Examining Attorney
Law Office 103
(703) 308-9103, ext. 126
After October 19, 2004:
(571) 272-9169
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.