UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/157653
APPLICANT: Boehringer Ingelheim International GmbH
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CORRESPONDENT ADDRESS: Martin J. Beran Ostrolenk, Faber, Gerb & Soffen, LLP 1180 Avenue of the Americas New York NY 10036
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
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MARK: DULCOLAX
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CORRESPONDENT’S REFERENCE/DOCKET NO: T/3974-47
CORRESPONDENT EMAIL ADDRESS:
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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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Serial Number 78/157653
The assigned examining attorney has reviewed the referenced application and determined the following:
SEARCH FOR CONFLICTING MARKS
The examining attorney has searched the Trademark Office records and has found no similar registered or pending mark which would bar registration under Trademark Act §2(d), 15 U.S.C. §1052(d). TMEP §704.02.
OWNED REGISTRATION
If the applicant is the owner of Registration No. 671,422, the applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812.
NEW DRAWING REQUIRED
The drawing is not acceptable because it will not reproduce satisfactorily. Specifically, it is fuzzy and contains shades of gray. The applicant must submit a new drawing showing the mark clearly and conforming to 37 C.F.R. §2.52. TMEP §807.07(a).
The requirements for a special‑form drawing are as follows:
(1) The drawing must appear in black and white; no color is permitted.
(2) Every line and letter must be black and clear.
(3) The use of gray to indicate shading is unacceptable.
(4) The lining must not be too fine or too close together.
(5) The preferred size of the area in which the mark is displayed is 2½ inches (6.1 cm.) high and 2½ inches (6.1 cm.) wide. It should not be larger than 4 inches (10.3 cm.) high or 4 inches (10.3 cm.) wide.
(6) If the reduction of the mark to the required size renders any details illegible, the applicant may insert a statement in the application to describe the mark and these details.
(7) The drawing may not combine typed and special-form elements.
37 C.F.R. §2.52; TMEP §§807.01(b) and 807.07(a). The Office will enforce these drawing requirements strictly.
The Trademark Office prefers that the drawing be depicted on a separate sheet of smooth, nonshiny, white paper 8 to 8½ inches (20.3 to 21.6 cm.) wide and 11 inches (27.9 cm.) long, and that the sheet contain a heading listing, on separate lines, the applicant’s complete name; the applicant’s address; the goods or services recited in the application; and, if the application is filed under §1(a) of the Act, the dates of first use of the mark and of first use of the mark in commerce; or, if the application is filed under §44(d), the priority filing date of the foreign application. 37 C.F.R. §2.52(b); TMEP §§807.01(a), 807.01(b), 807.01(c) and 807.07(a).
If the new drawing contains stippling to indicate shading, the following statement should be submitted: “The stippling shown in the drawing is for shading purposes only.” 37 CFR §2.37; TMEP §807.09(e).
/Sue Carruthers/
Examining Attorney, Law Office 108
Phone: 703.671.9735 ext. 169
Fax: 703.746.8108 (formal responses only)
E-mail: ecom108@uspto.gov (formal responses only)
sue.carruthers@uspto.gov (informal communications)
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.