Offc Action Outgoing

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

No Likelihood of Confusion

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

Goods

The wording “enzymes for industrial purposes, Pharmaceutical, veterinary and sanitary preparations; pharmaceutical preparations sold in pre-filled syringes; lactose (milk sugar); powdered milk for babies; dietetic beverages adapted for medical purposes; dietetic foods adapted for medical purposes; food for babies; dietary supplements for medical purposes; nutritional supplements for medical use, dietary supplemental drinks containing collagen and/or amino acids; cocoa product; confectionery, dietary supplements, other than for medical use” in the identification of goods is indefinite and must be clarified because it is too broad and could include goods in other international classes. See TMEP §§1402.01, 1402.03.

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. 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.

Applicant may substitute the following wording, if accurate:

Enzyme preparations for use in ______ (specify field of industry) industry. International Class 1.

Pharmaceutical, veterinary and sanitary preparations, namely, antibiotic preparations, vitamin preparations and amino acid preparations; syringes sold pre-filled with ______ (specify type of pharmaceutical); fungicides; dietetic sugar for medical use; powdered milk for babies; dietetic beverages adapted for medical purposes; dietetic foods adapted for medical purposes; food for babies; dietary supplements for medical purposes; nutritional supplements for medical use, dietary supplemental drinks containing collagen and/or amino acids; confectionery for medical purposes. International Class 5.

Teas; tea-based beverages; coffee; cocoa; coffee-based beverages; cocoa based beverages; cocoa mixes; chocolate-based beverages; ice cream, ice; edible ices; sorbets; confectionery, namely, fruit jellies; bread and buns; pastries; chocolates, crackers, biscuits, candies, chewing gums, pretzels, puffed corn snacks; dietary supplements other than for medical use, namely, wheat germ. International Class 30.

Translation

Applicant must submit an English translation of the mark. 37 C.F.R. §2.32(a)(9); TMEP §809. The following translation statement is suggested: “The English translation of MEIJI is __________ (insert English translation).” See TMEP §809.03.

Claim of Prior Registrations

The applicant’s claim of ownership is incomplete. If applicant is the owner of U.S. Registration Nos. 0868232, 3403390 and others, then applicant must submit a claim of ownership. See 37 C.F.R. §2.36; TMEP §812. The following standard format is suggested:

Applicant is the owner of U.S. Registration Nos. 0868232, 3403390 and others.

If the applicant has any questions or needs assistance in responding to this Office action, please call or e-mail the assigned examining attorney.

/D. Beryl Gardner/

Examining Attorney

Law Office 112

571-272-9162 (office)

571-273-9162 (fax)

beryl.gardner@uspto.gov

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.