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  78/176219

 

This action responds to the communication received March 24, 2003 from trademark4@aol.com.  Because that response was not signed and did not address all the issues raised in the action mailed March 24, 2003, the communication will not be treated as a formal response.

 

Upon further review of the application, the examining attorney withdraws the requirement for a translation of the mark.   However, the following requirements are continued and maintained.

 

Identification of Goods Indefinite

The identification of goods is unacceptable as indefinite because the wording does not adequately specify the nature of the goods. The Acceptable Identification of Goods and Services Manual sets out acceptable language for identifying goods and services of various types.  Utilizing identification language from the Manual may enable trademark owners to avoid problems relating to indefiniteness with respect to the goods or services identified in their applications for registration; however, applicants should note that they must assert actual use in commerce or a bona fide intent to use the mark in commerce for the goods or services specified.  TMEP Section 804.04.

 

The applicant is strongly encouraged to consult the Acceptable Identification of Goods and Services Manual.  The Manual is available on the PTO’s “homepage” on the Internet, which can be accessed at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.  The Manual may also be purchased, along with other trademark information, in a CD-ROM format from the Office of Electronic Information Products Development of the Patent and Trademark Office (703) 306-2600.  See notice at 1190 TMOG 67 (Sept. 17, 1996).  In addition, the Manual is available in hard copy on a subscription basis form the Government Printing Office.  TMEP Section 804.04.   The applicant may adopt the following identification, if accurate: 

 

Nutritional supplements; herbal products, namely, [the applicant must specify the nature of the goods, e.g., aroma therapy packs containing herbs used for aroma therapy  nutritional dietary supplements]; vitamin and mineral preparations intended for use as dietary supplements; vitamins; food supplements; pharmaceuticals and neutriceuticals, namely vitamins and food supplements; pharmaceutical preparations, namely appetite suppressants and lipid lowering agents; food for medically restricted diets; food supplements, namely anti-oxidants; and food for diabetics, infants and intravenous feeding in International Class 5;

 

Herbal food beverages in International Class 30.  TMEP section 1402.

 

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. Section 2.71(b); TMEP section 1402.06.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

 

Multi-Class Application Requirements

The application identifies goods that may be classified in several international classes.  Therefore, the applicant must either:  (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es).  37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01. 

 

Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  37 C.F.R. §2.6(a)(1). 

 

 If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  The applicant must list the goods/services by international class with the classes listed in ascending numerical order.  TMEP §1403.01.

 

(2)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01.  Effective January 10, 2000, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

Applicant may respond to this Office action using the Office’s Trademark Electronic Application System (TEAS) at <http://www.gov.uspto.report/teas/index.html>.  When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces processing time and eliminates the possibility of data entry errors by the Office.  Applicants are strongly encouraged to use TEAS to respond to Office actions.  Applicants using TEAS should not submit a duplicate paper copy of the response.

 

/Lauriel F. Dalier/

Lauriel F. Dalier

Trademark Attorney Law Office 116

(703) 306-7909

(703) 746-8116 fax

ecom116@uspto.gov (formal responses)

 

 

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.