Petition to Revive Notice of Deficiency

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

PETITION TO REVIVE

NOTICE OF DEFICIENCY

 

Serial Number  76/672559

 

The petition to revive the above identified trademark application submitted on January 25, 2008, is incomplete because it does not comply with the minimum requirements for filing a petition.  Trademark Rule 2.66, 37 C.F.R. §2.66; TMEP §1714.  You are hereby provided THIRTY DAYS from the mailing date of this notice to complete your petition by submitting the requirements identified below.  If the required item(s) are not received on or before the expiration of the thirty-day period, the petition will be denied, without consideration on the merits and the application will remain abandoned.  37 C.F.R. §2.66.

 

A complete response to the Office action issued by the Examining Attorney on June 8, 2007, must be submitted.  To review the Office action, click on View Documents under Trademarks at http://www.uspto.gov. 

 

 

 

Sincerely,

/Ms.Blocker/

Deborah Blocker

Paralegal Specialist

Office of Petitions

571-272-9566

571-273-9566 fax

 

 

How to respond to this Office Action:

 

Your response should be sent to the Return Address listed above and should include a title “Response to Petition to Revive Notice of Deficiency.”.

 

Use a “CERTIFICATE OF MAILING”

 

The filing date of a document in the United States Patent and Trademark Office (USPTO) is the date of receipt in the Office, not the date of deposit in the mail.  Trademark Rule 2.195.  To avoid lateness due to mail delay, include a signed and dated certificate of mailing with your response.

 

Certificate of mailing under Trademark Rule 2.197:

 

I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail postage prepaid in an envelope addressed to: Commissioner for Trademarks, P.O. Box 1451, Alexandria, Virginia 22313-1451, on __________________ (Date).

________________________________________

Signature

________________________________________

Printed or typed name

________________________________________

Date

 

 

To check the status of your application at any time, visit the Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the USPTO web site at http://www.gov.uspto.report/main/trademarks.htm

 

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  76/672559

 

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.

 

However, before this application can be approved for publication the applicant must respond to the following informalities set forth within.  

 

Identification of Goods

 

The wording “virgin oil coconut oil products, namely, for use as health supplements, food, and beauty products” in the identification of goods must be clarified because it is too broad and could include goods in other international classes.  For example, “virgin coconut oil” for cooking is designated in International Class 29 with other food items versus “virgin coconut oil for use as a dietary supplement” in International Class 5. TMEP §§1402.01 and 1402.03. 

 

Additionally, in the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases.  If applicant uses indefinite words such as “accessories,” “components,” “devices,” “equipment,” “materials,” “parts,” “systems” or “products,” such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names.  TMEP §§1402.01 and 1402.03(a).

 

Applicant may use the following example as a suggested acceptable form of identification of goods:

 

Class 1 – “Virgin coconut oil for use in the manufacture of cosmetics”;

 

Class 3 – “Virgin coconut oil for cosmetic purposes;

 

Class 5 – “Virgin coconut oil for use as a dietary supplement”; and

 

Class 29 – “Virgin coconut oil”.

 

To the extent the suggested identification is incomplete or inaccurate, the applicant is further advised that the Manual of Acceptable Identification of Goods and Services is accessible via the PTO homepage at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

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

 

Information regarding the addition of classes is set forth below because it is possible that, when properly identified, the applicant’s goods and/or services may belong in more than one international class.

 

Combined Applications

 

If applicant prosecutes this application as a combined, or multiple-class application, 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 and/or services by international class with the classes listed in ascending numerical order; and

 

(2)   Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov). 

 

37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.

 

 

Drawing

 

Applicant must submit a new drawing with “â” deleted because it is not part of the mark.  TMEP §§807.02 and 807.14(a).

 

 

/Julie M. Guttadauro/

Trademark Examining Attorney

Law Office 106

(571) 272-5875

(571) 273-9106 (Fax)

 

 

 

 

 

NOTICE OF NEW PROCEDURE FOR E-MAILED OFFICE ACTIONS:  In late spring 2007, for any applicant who authorizes e-mail communication with the USPTO, the USPTO will no longer directly e-mail the actual Office action to the applicant.  Instead, upon issuance of an Office action, the USPTO will e-mail the applicant a notice with a link/web address to access the Office action using Trademark Document Retrieval (TDR), which is located on the USPTO website at http://portal.gov.uspto.report/external/portal/tow.  The Office action will not be attached to the e-mail notice.  Upon receipt of the notice, the applicant can then view and print the actual Office action and any evidentiary attachments using the provided link/web address.  TDR is available 24 hours a day, seven days a week, including holidays and weekends.  This new process is intended to eliminate problems associated with e-mailed Office actions that contain numerous attachments.

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• 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.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.