Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE:

 

This Office action is in response to applicant’s communication filed on October 27, 2008 in which the applicant proposed an amended identification of goods. The majority of the description is acceptable as explained below.

 

IDENTIFICATION OF GOODS

 

The wording “dietetic food for medical use” in the identification of goods and/or services is indefinite and must be clarified because the description must include the word “adapted”.  See TMEP §§1402.01, 1402.03.

 

The international classification of goods and/or services in applications filed under Trademark Act Section 66(a) cannot be changed from the classification the International Bureau assigned to the goods and/or services in the corresponding international registration.  TMEP §§1401.03(d), 1904.02(b).

 

Therefore, any modification to this wording must identify goods and/or services in International Class 5, the classification specified in the application for these goods and/or services.

 

The following substitute wording is suggested, if appropriate:  “dietetic food adapted for medical use.”

For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.  See TMEP §1402.04.

 

PARTIAL ABANDONMENT ADVISORY

 

If applicant should fail to respond to this Office action within the six-month period for response, then the following goods will be deleted from the application: “dietetic food for medical use”.  The application will then proceed with the remaining goods only.  37 C.F.R. §2.65(a).

 

 

 

 

/Julie M. Guttadauro/

Trademark Examining Attorney

Law Office 106

(571) 272-5875

(571) 273-9106 (Fax)

 

 

 

 

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail.  For technical assistance with the form, please e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned examining attorney.  Do not respond to this Office action by e-mail; the USPTO does not accept e-mailed responses.

 

If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response.  Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.

 

STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov.  When conducting an online status check, print and maintain a copy of the complete TARR screen.  If the status of your application has not changed for more than six months, please contact the assigned examining attorney.