UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/583334
APPLICANT: Guangxi Yulin Pharmaceutical Co., Ltd.
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CORRESPONDENT ADDRESS: FULWIDER PATTON LEE & UTECHT, LLP |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ZHENG GU SHUI
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CORRESPONDENT’S REFERENCE/DOCKET NO: GYLPF-68178
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 76/583334
The assigned examining attorney has reviewed the referenced application and determined the following.
CLAIM OF PRIOR REGISTRATIONS
The applicant has claimed ownership of Registration No. 2745539. The applicant should also claim ownership of Registration Nos. 2667551 and 2647750.
TRANSLATION
In the present application, the applicant indicates ZHEN GU SHUI translates to ‘bone setting solution’. However is a companion application, Serial No. 76583336, the applicant indicated the translation of the same wording was ‘adjusting bone water’. The applicant should clarify this inconsistency.
DISCLAIMER
The disclaimer of EXTERNAL ANALGESIS LOTION is deleted from the application. That wording does not appear in the mark and can therefore not be disclaimed. Please note if non-English wording that is translated must be disclaimed, the actual non-English wording should be disclaimed, not the English translation. The applicant must disclaim the wording that actually appears in the mark, not the translated version. TMEP section 1213.08(d). The applicant should also then clarify the disclaimer of ZHENG GU SHUI and the Chinese characters that transliterate to zhen gu shui. If the wording is descriptive, then the disclaimer is appropriate; if the wording is not descriptive of the goods, then the disclaimer should be withdrawn.
GENERAL INFORMATION
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.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
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.
My Law Office will move on October 28, 2004. To reach me by phone after that date call (571) 272-9136.
To submit a fax response to this Office action after that date, send your response to the Law Office fax number, namely (571) 273-9105.
/Karen K. Bush/
Trademark Examining Attorney
Law Office 105
703-308-9105 ext. 182
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.