| To: | Auriga Laboratories, Inc. (jeanette@pabstpatent.com) |
| Subject: | TRADEMARK APPLICATION NO. 76666424 - STESSO PHARMACEUTICA - AUR 1000 |
| Sent: | 7/5/2007 11:00:51 AM |
| Sent As: | ECOM115@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/666424
MARK: STESSO PHARMACEUTICA
|
|
|
CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
|
|
APPLICANT: Auriga Laboratories, Inc.
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 7/5/2007
THIS IS A FINAL ACTION.
This Office action responds to the applicant’s correspondence of June 5, 2007. In its response the applicant provided the required disclaimer, which is accepted and made of record. The applicant also amended the identification of goods and provided a statement regarding the meaning. The identification as amended remains indefinite and/or too broad and the statement is also too broad. As no new issues have been raised in the response the requirements a definite identification and a statement regarding the meaning of the word STESSO are continued and now made FINAL.
Identification of Goods
Some of the wording in the amended identification of goods is unacceptable as indefinite and/or too broad. The applicant must amend the identification to specify the commercial name of the goods. If there is no common commercial name for the product, the applicant must describe the product and its intended uses. Additionally, some of the wording is too broad because it could include items classified in other classes. TMEP §§1402.01 and 1402.03. The applicant may amend the identification to substitute the following wording, if accurate:
Prescription and non-prescription medications and supplements, namely dietetic and
nutritional substances, namely (specify the common commercial name for the goods,
e.g., supplements) for medical use and vitamins, pain medications, antihistamines,
decongestants, eardrops, eye drops, expectorants, liquid antitussives, cardiovascular
and cardiology medications, preparations for treating metabolic disorders, anticholinergics,
preparations for treating gasteroenterology conditions, preparations for topical use
on the scalp, namely (specify the common commercial name for the goods), preparations
for treating dermatological conditions, preparations for treating oncology conditions,
preparations for treating neurology conditions, preparations for treating urinary tract
infections, and preparations for treating oral conditions, namely xerostomia, in International
Class 5
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 and classifying 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.
The applicant should use the listings located in this database exactly as worded if possible. Please note that use by the applicant of parenthesis within an identification of the goods is unacceptable as indefinite. With regard to those listings in the Office’s database that include terms within parenthesis and/or brackets, the applicant must set forth the term(s) that specifically cover the applicant’s goods or services. As always, any identification of goods or recitation of services the applicant chooses to adopt should 1) accurately describe the applicant’s goods or services; 2) be placed in the correct class of goods or services; and 3) list only those goods or services within the scope of those included in the original application.
The statement proffered is unclear as must be clarified. Applicant must specify whether “STESSO” has any significance in the identified trade or industry, any geographical significance, or any meaning in a foreign language. 37 C.F.R. §2.61(b). Any statement must include the subject word.
“ The word STESSO (add statement here)”.
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).
Respond to this Office Action:
If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office Action should be filed using the Office’s Response to Office action form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
Status Check:
Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.
Changes of Correspondence Procedure
In order to change the correspondence address for an application, an applicant or the attorney of record must submit a written request. TMEP §603.02(a). Applicants may file requests to change the correspondence address electronically at http://www.gov.uspto.report/teas/index.html. The transmittal of a response to an Office action bearing a new address for an applicant or an applicant’s attorney is not sufficient to effect a change in the correspondence address.
For inquiries or questions about this office action, please contact the assigned examining attorney.
/JSD/
Jeffrey S. DeFord
Examing Attorney
Law Office 115
United States Patent & Trademark Office
(571) 272-9469