Offc Action Outgoing

The examining attorney has carefully reviewed the applicant’s response and has determined that the following requirements are outstanding and now made FINAL.

Goods

In international class 3, the wording “enzymes for use in the washing of clothes” 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.

In international class 5, the wording “Pharmaceutical, veterinary preparations, namely, preparations for the treatment of diseases and disorders of the central nervous system, peripheral nervous system, sensory organs, respiratory organs and digestive organs, cardiovascular system and metabolism; pharmaceutical preparations for the treatment of skin diseases,” “amino acid preparations,” and “lactose milk sugar for babies” in the identification of goods is indefinite and must be clarified because it is too broad and could include goods in other international classes. Also “infectous” is misspelled. See TMEP §§1402.01, 1402.03.

In international class 30, the wording “crackers” is redundant. The second reference should e deleted. 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:

Enzymes for use in the food, beverage, dietary supplement, animal feed, detergents and textile industries; enzymes for use in the clothes detergent industry; lactose to be used in the manufacture of foodstuffs. International Class 3.

Pharmaceutical and veterinary preparations all for the treatment of diseases and disorders of the central nervous system, peripheral nervous system, sensory organs, respiratory organs and digestive organs, cardiovascular system and metabolism; pharmaceutical preparations for the treatment of skin diseases; allergy medication; antiseptics; anthelmintics; pharmaceutical preparations for the treatment of infectious diseases; veterinary preparations, namely, pain relief medication; veterinary preparations for treatment of intestinal bacteria; sanitary preparations for medical use; antibiotic preparations; vitamin preparations; amino acid for medical or veterinary purposes; syringes sold pre-filled with intra-articular injection; syringes sold pre-filled with antibiotic preparations; syringes sold pre-filled with pharmaceutical preparations all for the treatment of diseases and disorders of the central nervous system, peripheral nervous system, sensory organs, respiratory organs and digestive organs, cardiovascular system and metabolism; syringes sold pre-filled with pharmaceutical preparations for the treatment of skin diseases and infectious diseases; syringes sold pre-filled with allergy medication, antiseptics and anthelmintics; fungicides; 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; dietary supplements, other than for medical use. International Class 5.

Teas; tea-based beverages; coffee; cocoa; coffee-based beverages; cocoa based beverages; cocoa products, namely, cocoa mixes, cocoa powder, cocoa spread; chocolate-based beverages; ice cream, ice; edible ices; sorbets; confectionery, namely, frozen confectionery, bonbons, waffles, wafers, cookies, crackers, crepes, fruit jellies; bread and buns; pastries; chocolates, biscuits, candies, chewing gums, pretzels, puffed corn snacks. International Class 30.

Claim of Prior Registrations

The applicant’s claim did not include the term “and others.” 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.

These requirements are FINAL.

If applicant does not respond within six months of the mailing date of this final Office action, the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond to this final Office action by:

(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or

(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.

37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.

In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).

/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.