UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/684,383
MARK: WALGREENS SPECIALTY PHARMACY
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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
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APPLICANT: WALGREEN CO.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
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 disclaim the descriptive wording “SPECIALTY PHARMACY” apart from the mark as shown because it merely describes applicant’s services. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).
According to the attached article, a specialty pharmacy is a pharmacy that handles medication for chronic conditions, high dollars, and complex care issues.
See attached examples of registrations where the term is disclaimed. The examining attorney notes that the term is disclaimed in Reg. No. 2631095, of which applicant claims ownership.
The computerized printing format for the Office’s Trademark Official Gazette requires a standardized format for a disclaimer. TMEP §1213.08(a)(i). The following is the standard format used by the Office:
No claim is made to the exclusive right to use “SPECIALTY PHARMACY” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
Applicant is invited to call or email the assigned examining attorney with any specific questions regarding the substance of this action.
/Katherine S. Chang/
Trademark Examining Attorney
Law Office 115
571-270-1528
katherine.chang@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 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.