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. 

 

 

Serial Number  76/635570

 

The assigned trademark examining attorney has reviewed the referenced application and has determined the following.

 

Search Results

 

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

Applicant must respond to the following informalities.

 

Identification of Goods

 

The identification of goods is unacceptable as indefinite because the t the goods are vague and/or could fall into a different international class. TMEP §§1402.01.  Applicant appears to have intended “preparations” of several types, however, the list of “preparations” is imbedded within the list of disorders treated by the actual pharmaceuticals. Suggestions and explanation is incorporated into the identification proposed below.  The Applicant may adopt any or all of the following identifications, if accurate:

 

Pharmaceutical preparations for the treatment of addiction, urinary incontinence, diabetes, cardiovascular diseases and disorders, cerebrovascular diseases and disorders, anxiety, depression, insomnia, cognitive disorders, diseases and disorders of the central nervous system, gastrointestinal diseases and disorders, obesity, inflammation and inflammatory diseases, respiratory diseases and disorders, musculo-skeletal disorders, and osteoporosis; Anti-infective preparations; Anti-viral preparations; Immunological preparations; Analgesic preparations; Antiemetic preparations.  International Class 5.

 

If applicant adopts the suggested amendment of the goods, then applicant must amend the classification to the appropriate International Classes, and/or amend to add additional classes.  37 C.F.R. Sections 2.32(a)(7) and 2.85; TMEP §§805 and 1401 et seq.

 

To the extent the suggested identification of goods/services is incomplete or inaccurate, the applicant is advised that the Trademark Acceptable Identification of Goods and Services Manual is accessible via the USPTO homepage at www.uspto.gov under the heading Trademarks and the subheadings Guidance and Manuals and Legal Resources or at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual./ 

 

Please note that, while the identification of goods/services may be amended to clarify or limit the goods/services, adding to the goods/services or broadening the scope of the goods/services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods/services that are not within the scope of the goods/services set forth in the present identification.

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

 

 

/SVohra/

Sanjeev Vohra

Examining Attorney

Law Office 110

571.272.5885 - Work

571.273.5885 - Fax

 

 

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.