UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/602635
APPLICANT: OTSUKA PHARMACEUTICAL CO., LTD.
|
|
CORRESPONDENT ADDRESS:
|
Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
|
MARK: BEANSTALK
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: S-8861
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.
|
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Serial Number 76/602635
The following issues were discussed in communication with Gary Krugman on March 2, 2005.
IDENTIFICATION OF GOODS
The wording “weaning appliances for babies” in the identification of goods needs clarification because the wording is indefinite and the exact nature of the intended goods is unclear. Applicant may change this wording to “pacifiers for babies” in International Class 10, if accurate. TMEP §1402.01.
Applicant classified the goods “non-electric baby bottle sterilizers” in International Class 10; however, the correct classification is International Class 11. Applicant must either delete these goods or add International Class 11 to the application. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).
Applicant may amend to the following, if accurate:
“Nursing appliances, namely, feeding bottles, feeding bottle teats, teats, teething rings, and pacifiers for babies” in International Class 10.
“Non-electric baby bottle sterilizers” in International Class 11.
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at: http://tess2.gov.uspto.report/netahtml/tidm.html.
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 in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods 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 not covered by the fee already paid. 37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01. **SEE PARAGRAPH BELOW ON FEE CHANGES EFFECTIVE JANUARY 31, 2005**
If applicant is the owner of U.S. Registration Nos. 2703887 and 2703925, then applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:
Applicant is the owner of U.S. Registration Nos. 2703887 and 2703925.
Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:
(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or
(2) $375 per international class if filed on paper
These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.
The new fee requirements will apply to any fees filed on or after January 31, 2005.
NOTICE: TRADEMARK OPERATION RELOCATION
The Trademark Operation has relocated to Alexandria, Virginia. 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, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.
/Marcie R. Frum Milone/
Trademark Examining Attorney
Law Office 116
571-272-9726
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm