To: | Eight in One Pet Products, Inc. (weinbergs@gtlaw.com) |
Subject: | TRADEMARK APPLICATION NO. 78224939 - ULTRA VITE - 53503.015000 |
Sent: | 8/27/03 1:28:43 PM |
Sent As: | ECom106 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/224939
APPLICANT: Eight in One Pet Products, Inc.
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CORRESPONDENT ADDRESS: Steven M. Weinberg Greenberg Traurig, LLP 2375 E CAMELBACK RD STE 700 PHOENIX AZ 85016-9000
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom106@uspto.gov
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MARK: ULTRA VITE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 53503.015000
CORRESPONDENT EMAIL ADDRESS: weinbergs@gtlaw.com |
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 78/224939
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. §1052(d). TMEP §704.02.
The wording "medicinal treats and supplements for birds and small animals" in the identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, the applicant must describe the product and its intended uses. TMEP §1402.01. The applicant may adopt the following format for the identification of goods, if accurate:
Medicinal treats and supplements [specify type, e.g., dietary, food, nutritional] for birds and small animals, in International Class 005.
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. §2.71(a); TMEP §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.
No set form is required for response to this Office action. The applicant must respond to each point raised and should simply set forth the required changes or statements and request that the Office enters them. The applicant must sign the response. If the applicant has any questions regarding this Office action, please telephone the assigned examining attorney.
/Richard S. Donnell/
Trademark Examining Attorney
Law Office 106
Tel: 703-308-9106 x166
Fax: 703-746-8106
Email: ecom106@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.