| To: | Eight in One Pet Products, Inc. (weinbergs@gtlaw.com) |
| Subject: | TRADEMARK APPLICATION NO. 78224943 - ULTRA SNAX - 53503.014500 |
| Sent: | 8/27/03 1:29:39 PM |
| Sent As: | ECom106 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/224943
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 SNAX
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CORRESPONDENT’S REFERENCE/DOCKET NO: 53503.014500
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 78/224943
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 applicant must insert a disclaimer of "SNACKS" in the application. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP §1213. "SNACKS" is the phonetic equivalent of "SNAX" and the term is merely descriptive as used on the applicant’s goods. A "snack" refers to "food eaten between meals" [1] and is descriptive as used on the applicant’s "bird and small animal treats."
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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. A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use "SNACKS" apart from the mark as shown.
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.
[1]The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in accordance with the Copyright Law of the United States. All rights reserved.