UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/311575
APPLICANT: American Simmental Association
|
|
CORRESPONDENT ADDRESS: Steven Ramaekers Ogborn, Summerlin, and Ogborn 210 Windsor Place 330 South 10Th Street Lincoln, NE 68508
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
|
MARK: SOLUTIONS
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
|
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.
|
Serial Number 78/311575
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 identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate:
LIVE ANIMALS, NAMELY, CATTLE THAT ARE AT LEAST ONE-EIGHTH SIMMENTAL BLOOD, in International Class 31.
TMEP §1402.01.
For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.
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.
If the applicant adopts the suggested amendment to the identification of goods, the applicant must amend the classification to International Class 31. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §§1401 et seq.
The applicant must adopt the appropriate international classification for the specified goods. The International Classification of Goods and Services for the Purposes of the Registration of Marks, developed by the World Intellectual Property Organization, classifies every product and service into one of forty‑five classes. The United States Patent and Trademark Office uses this system to classify goods and services. 37 C.F.R. §6.1; TMEP §§1401 et seq.
The decision as to the proper classification of goods or services is a purely administrative matter, which is within the sole discretion of the United States Patent and Trademark Office. In re Tee‑Pak, Inc., 164 USPQ 88 (TTAB 1969).
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
PLEASE NOTE: All of the issues raised can be resolved by telephone or electronic mail. The applicant may telephone or e-mail the examining attorney, instead of submitting a written response, to expedite the application.
/MVS/
Maria-Victoria Suarez
Trademark Attorney
Law Office 102
(703) 308-9102, x196
Fax - (703) 872-9231
maria-victoria.suarez@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 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.