UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

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: 9/8/2008

 

 

Upon further review, the examining attorney has determined the following:

 

Identification of Goods:

Please note that the goods in Class 10 are acceptable as worded.  However the goods in Class 5 remain indefinite.  Should the wording "affectations" should be "afflictions?"  Should "affections of genetic origin" be "afflictions?"  What are "Cosmetic affections?"  "Personal considerations?"  These are not sufficiently definite conditions/diseases/disorders.  The wording "such as dogs, cats and cattle including ovines, bovines and caprines" is open ended and incongruous, "ovine" are sheep, "caprine" are goats, neither of which are dogs, cats or cattle. Therefore, the wording in the identification of goods remains unacceptable as indefinite and too broad.  The applicant may amend to adopt the following:

Class 005:

Pharmaceutical products, for the treatment of afflictions, namely, diabetes, viral infections and vaccines, hormonal disorders, chronic pain, acute pain, cancers, neurological and psychiatric afflictions, migraine, heart trouble, affections of genetic origin, auto-immune diseases, rhumatologic and traumatologic diseases, skin diseases, cardiovascular diseases, pulmonary diseases, hepatic diseases, renal diseases, hematologic diseases, gastrointestinal diseases, cosmetic afflictions and imperfections due to diseases, aging, accidents, and personal considerations, namely, __________[indicate specific personal considerations]; veterinary products, namely, vaccines for domestic animals such as dogs, cats and cattle, ovines, bovines and caprines; medical plaster, material for wound dressing; teeth filling materials and dental impression materials.

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 that are not within the scope of the goods recited in the present identification.

For assistance with identifying 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.

Applicant is encouraged to telephone the assigned trademark examining attorney to resolve the issues raised in this Office action.

 

 

/Anne Gustason/

Trademark Examining Attorney

U.S. Patent and Trademark Office

Law Office 117

(571) 272-9722

 

 

 

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail.  For technical assistance with the form, please e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned examining attorney.  Do not respond to this Office action by e-mail; 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.

 

 

 

 

 

                                                                

IMPORTANT NOTICE

USPTO OFFICE ACTION HAS ISSUED ON 9/8/2008 FOR

APPLICATION SERIAL NO. 77123402

 

Please follow the instructions below to continue the prosecution of your application:

  

VIEW OFFICE ACTION: Click on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77123402&doc_type=OOA&mail_date=20080908 (or copy and paste this URL into the address field of your browser), or visit http://tmportal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this notification.

 

RESPONSE MAY BE REQUIRED: You should carefully review the Office action to determine (1) if a response is required; (2) how to respond; and (3) the applicable response time period. Your response deadline will be calculated from 9/8/2008.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System response form at http://www.gov.uspto.report/teas/eTEASpageD.htm.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

1. The USPTO will NOT send a separate e-mail with the Office action attached.

 

2. Failure to file any required response by the applicable deadline will result in the ABANDONMENT of your application.