UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 78/761864
APPLICANT: Ultravac Solutions LLC
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: ULTRASOURCE SOLUTIONS
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CORRESPONDENT’S REFERENCE/DOCKET NO: 3138.039; Dk
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.
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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 78/761864
This letter responds to Applicant’s communication filed on December 13, 2006.
The Office has determined that Applicant’s recitation of services must be further amended before the instant application may be queued for publication.
The Office reads “;” as separating two independent services. As such, if Applicant intended to reference distributorships in the field of packaging and refrigeration of food products, Applicant will need to amend its recitation to reflect this fact, e.g.:
“Distributorships in the field of supplies and equipment for the slaughtering of meat and poultry; distributorships in the field of food packaging and refrigeration of food products” in International Class 035.
If Applicant did not intend to reference such distributorships, then Applicant must clarify the nature of its packaging and refrigeration services.
Specifically, “packaging of food products” must be to the order and specification of others or merchandise packaging to be properly classified in International Class 035. Moreover, “refrigeration of food products” is misclassified; refrigerated storage of food products is properly classified in International Class 039.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
Moreover, if applicant prosecutes this application as a combined, or multiple-class application, applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).
37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
/Rebeccah Gan/
Rebeccah Gan
United States Patent and Trademark Office
Law Office 103
Phone: (571) 272-5870
Fax: (571) 273-9103
HOW TO RESPOND TO THIS OFFICE ACTION:
· ONLINE RESPONSE: You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html. If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS. NOTE: Do not respond by e-mail. THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
· REGULAR MAIL RESPONSE: To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name. NOTE: The filing date of the response will be the date of receipt in the Office, not the postmarked date. To ensure your response is timely, use a certificate of mailing. 37 C.F.R. §2.197.
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.