To: | Bioniche Life Sciences Inc. (michael.bean@gowlings.com) |
Subject: | TRADEMARK APPLICATION NO. 78304083 - IMMUNOBOOST - K6000909US |
Sent: | 4/15/04 4:13:15 PM |
Sent As: | ECom103 |
Attachments: | Attachment - 1 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/304083
APPLICANT: Bioniche Life Sciences Inc.
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CORRESPONDENT ADDRESS: D. Michael Bean; Gowling Lafleur Henders Suite 1020; 50 Queen Street North Kitchener; ONC - ONTARIO N2H 6M2 CAX - CANADA |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: IMMUNOBOOST
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CORRESPONDENT’S REFERENCE/DOCKET NO: K6000909US
CORRESPONDENT EMAIL ADDRESS: michael.bean@gowlings.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 78/304083 IMMUNOBOOST
The assigned trademark examining attorney has reviewed the referenced application and has determined the following.
Search Results
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
If the applicant is the owner of Registration Nos. 2114141, the applicant must submit a claim of ownership. 37 C.F.R. Section 2.36; TMEP section 812.
The application must be signed, and verified or supported by a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.33. No signed verification or declaration was provided. Therefore, the applicant must provide a signed verification or signed declaration attesting to the facts set forth in the application.
If the application is based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the verified statement must include an allegation that the mark is in use in commerce and was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. §2.34(a)(1)(i); TMEP §§804.02, 806.01(a) and 901.
If the application is based on Trademark Act Section 1(b) or 44, 15 U.S.C. §1051(b) or 1126, the verified statement must include an allegation that the applicant had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the application filing date. 37 C.F.R. §§2.34(a)(2)(i), 2.34(a)(3)(i) and 2.34(a)(4)(ii); TMEP §§804.02, 806.01(b), 806.01(c), 806.01(d) and 1101.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. Section 2.65(a).
Jeffrey S. Molinoff
/Jeff Molinoff/
Law Office 103
703-308-9103 ext. 247
703-746-8103 fax
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 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.