Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

Serial Number  76/616468

 

This letter responds to the applicant’s communication filed on November 23, 2005.

Status of Application

The examining attorney issued a refusal for registration Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); TMEP §§1209.01(c) et seq. because the proposed mark is merely descriptive of the identified goods in terms of the features, and/or purpose of the goods provided.  Further, registration was refused because of procedural informalities concerning the identification and classification of goods, and notification regarding a cancelled claimed registration. 

Examining attorney has considered the applicant’s arguments carefully, and the refusal under Section 2(e)(1) is withdrawn.   However, the refusal for registration is continued and made FINAL for the reasons below.

REQUIREMENT

IDENTIFICATION OF GOODS -UNACCEPTABLE:

Applicant amended the identification of goods, but it is still unacceptable.  Specifically, the wording “supports joint and body health,” and  “pharmaceutical preparations” because the applicant does not clearly specify the commercial name of the goods and the purpose of the goods.  The identification of goods must be specific. The applicant must amend the identification to specify the common commercial name of the goods or to indicate their nature.  The identification must be all‑inclusive. The applicant should amend the identification to replace this wording with "namely." The applicant may amend the identification to substitute the following wording, if accurate:  “Homeopathic remedies and preparations used to support joint and body health, namely, [specify the purpose further, i.e., alleviating joint pain and stiffness]; pharmaceutical preparations [specify the purpose or for the treatment of and specify what it treats]; dietary supplements; dietary food supplements; nutritional supplements; herbal remedies used to support joint and body health, namely, [specify the purpose further, i.e., alleviating joint pain and stiffness]; liquid drinks and powder drink mixes for meal replacement purposes, ” in International Class 005.  37 C.F.R. Section 2.71(a); TMEP sections 1402.01 and 1402.03 et seq.[1]

 

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.

This requirement is continued and made FINAL.

If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned.  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)); and/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 matters.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

 

 

 

 

 

 

Darryl M. Spruill

Trademark Attorney

Law Office 112

(571) 272-9418 (office)

(571) 273-9418  (fax)

darryl.spruill@uspto.gov

/Darryl M. Spruill/

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.