Offc Action Outgoing

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.

Identification of Goods

The identification of goods is indefinite and must be clarified because the wording “medical-oriented” is vague and the goods could potentially be classified in other International classes. Applicant may adopt the following identification(s), if accurate:

International Class 10: Medical-oriented foam-based supports and positioners, namely, foam bed pillows and mattress cushions, all made with soy-based foams

International Class 20: Consumer-oriented foam-based supports and positioners, namely, foam bed pillows and mattress cushions, all made with soy-based foams

TMEP §1402.01.

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.

Classification

If applicant adopts the suggested amendment of the goods, then applicant must amend the classification to International Classes 10 and/or 20. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§805 and 1401 et seq.

Multiple-Class Application

If applicant prosecutes this application as a combined, or multiple-class application, applicant must comply with each of the following for those goods 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; and

(2) Applicant must submit a filing fee for each international class of goods 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.

Claimed Prior Registration Not Pertinent

Applicant’s claim of ownership of U.S. Registration No. 2107642 will not be printed on any registration that may issue from this application because the marks are different. Only prior registrations for the same or similar marks are considered related registrations for purposes of an ownership claim. 37 C.F.R. §2.36; TMEP §812.

/JKF/

Jay K. Flowers

USPTO

Trademark Examining Attorney

Law Office 112

Phone:(571) 272-8202

Fax:(571) 273-8202

jay.flowers@uspto.gov

RESPOND TO THIS 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.