Offc Action Outgoing

WHITE & SHINE

GLAXOSMITHKLINE LLC

TRADEMARK APPLICATION NO. 78632962 - WHITE & SHINE - N/A

To:	SmithKline Beecham Corporation (christopher.a.sidoti@gsk.com)
Subject:	TRADEMARK APPLICATION NO. 78632962 - WHITE & SHINE - N/A
Sent:	12/14/2005 9:41:02 PM
Sent As:	ECOM103@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 78/632962

APPLICANT: SmithKline Beecham Corporation

*78632962*

CORRESPONDENT ADDRESS:

CHRISTOPHER A. SIDOTI

GLAXOSMITHKLINE

UW2221

709 SWEDELAND ROAD P.O. BOX 1539

KING OF PRUSSIA, PA 19406-2711

RETURN ADDRESS:

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

MARK: WHITE & SHINE

CORRESPONDENT’S REFERENCE/DOCKET NO: N/A

CORRESPONDENT EMAIL ADDRESS:

christopher.a.sidoti@gsk.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.

OFFICE ACTION

RESPONSE TIME LIMIT: TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE.

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 78/632962

The assigned examining attorney has reviewed the referenced application and determined the following.

Search of Office Records

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.

However, the applicant should note the following informality.

Disclaimer

The applicant must disclaim the descriptive wording “WHITE” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The wording is merely descriptive because it describes a feature of the applicant’s goods, namely, whitening preparations. A properly worded disclaimer should read as follows:

No claim is made to the exclusive right to use WHITE apart from the mark as shown.

See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).

PLEASE NOTE: Applicant is encouraged to telephone the trademark examining attorney to resolve the issue raised above.

/Stephanie M. Davis, Esq./

Examining Trademark Attorney

Law Office 103

571.272.9272 (voice)

571.273.9103 (fax)

HOW TO RESPOND TO THIS OFFICE ACTION:

ONLINE RESPONSE: You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
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 in your response.

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.