Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/156692

 

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. Section 1052(d).  TMEP, 2nd. Edition, section 1105.01.

 

Identification of Goods

The identification of goods is unacceptable as indefinite. The applicant may adopt the following identification of goods, if accurate. To the extent the suggested identification of goods or services is incomplete or inaccurate, the applicant is advised that the Trademark Acceptable Identification of Goods and Services Manual is accessible via the USPTO homepage at the following address: http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

 

Please also 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. Section 2.71(a); TMEP, 2nd. Edition, section 804.09.  Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.

 

International Class 5: PHARMACEUTICAL PREPARATIONS FOR THE TREATMENT OF SCURVY, NAMELY, ASCORBIC ACID FOR INJECTION

 

Significance of Mark

The applicant must indicate whether the wording "L" or “500” has any significance in the relevant trade or industry or as applied to the goods.  37 C.F.R. Section 2.61(b).  In the event that the wording describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant goods, the Applicant must disclaim the descriptive wording apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.08(a)(i).

 

A properly worded disclaimer should read as follows:

 

                        No claim is made to the exclusive right to use “L 500” apart from the mark as shown.

 

A disclaimer does not remove the disclaimed matter from the mark.  It is simply a statement that the applicant does not claim exclusive rights in the disclaimed wording or design apart from the mark as shown in the drawing.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.  In all correspondence to the Patent and Trademark Office, the applicant should list the name and law office of the examining attorney, the serial number of this application, the mailing date of this Office action, and the applicant’s telephone number.

 

 

                                                                      /Theodore McBride/

Theodore McBride

Trademark Attorney

Law Office 104

703-308-9104 x 129

Fax: 703-746-6498

Formal Responses: ecom104@uspto.gov

 

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.