To: | HerbalScience Singapore Pte Ltd (usptomail@whitelawfirm.com) |
Subject: | TRADEMARK APPLICATION NO. 77000313 - NUHERBAL RELIEF - N/A |
Sent: | 2/6/2007 10:18:44 AM |
Sent As: | ECOM111@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/000313
APPLICANT: HerbalScience Singapore Pte Ltd
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: NUHERBAL RELIEF
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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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 77/000313
The assigned examining attorney has reviewed the referenced application and determined the following.
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
The Office records have been searched and no similar registered mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02. However, please be advised that a potentially conflicting mark in a prior-filed pending application may present a bar to registration.
Information regarding pending Application Serial No. 78176222 is enclosed. The filing date of the referenced application precedes applicant’s filing date. There may be a likelihood of confusion between the two marks under Trademark Act Section 2(d), 15 U.S.C. §1052(d). If the referenced application registers, registration may be refused in this case under Section 2(d). 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon entry of a response to this Office action, action on this case may be suspended pending final disposition of the earlier-filed application.
If applicant believes there is no potential conflict between this application and the earlier-filed application, then applicant may present arguments relevant to the issue in a response to this Office action. The election not to submit arguments at this time in no way limits applicant’s right to address this issue at a later point.
The current wording used to describe the goods needs clarification. Applicant may adopt the following identification of goods, if accurate: TMEP §1402.01.
Class 1 – botanical extracts for nutritional use and botanical extracts for use in the manufacture of nutraceuticals and pharmaceuticals
Class 5- Nutritional supplements; herbal products, namely medicated skin and lip balms; herbal products, namely, ointments, oils, drinks, infusions, syrups, poisons,
tinctures for medical use in the treatment of strokes, infarcts and other cardiovascular and cerebrum diseases; herbal products for medicinal purposes, namely herbal extracts for use as nutritional
and dietary supplements; herbal products for medicinal purposes, namely herbal extracts and syrups [Indefinite – what is it used to cure?] ; herbal product, namely, herbal powders for nutritional
purposes; herbal products, namely herbal meal replacement powders for dietary and nutritional purposes; herbal products, namely aroma therapy packs filled with herbs for use in aroma therapy;
nutritional dietary supplements; vitamin and mineral preparations intended for use as dietary supplements; vitamins; food supplements; pharmaceuticals and nutraceuticals, namely vitamins and food
supplements; pharmaceutical preparations, namely appetite suppressants and lipid lowering agents; food for medically restricted diets; food supplements, namely anti-oxidants; food for diabetics,
infants and enteral intravenous feeding; botanical extracts for nutritional use; and botanical extracts for use in nutraceuticals and pharmaceuticals
Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services 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.
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.
/Carolyn V.C.Gray/
Trademark Examining Attorney
Law Office 111
(571) 272-9168
HOW TO RESPOND TO THIS OFFICE ACTION:
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.