UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 79/052909
MARK: QUALITY FOR LIFE
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: DSM IP Assets B.V.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
INTERNATIONAL REGISTRATION NO. 0961693.
This is a PROVISIONAL FULL REFUSAL of the trademark and/or service mark in the above-referenced U.S. application. See 15 U.S.C. §1141h(c).
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL REFUSAL:
Applicant may respond directly to this provisional refusal Office action, or applicant’s attorney may respond on applicant’s behalf. However, the only attorneys who can practice before the USPTO in trademark matters are as follows:
(1) Attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other federal territories and possessions of the United States; and
(2) Canadian agents/attorneys whorepresent applicants residing in Canada and who have received reciprocal recognition by the USPTO under 37 C.F.R. §10.14(c).
37 C.F.R. §§10.1(c), 10.14; TMEP §602.
Foreign attorneys are not permitted to practice before the USPTO, other than properly authorized Canadian attorneys. TMEP §602.06(b). Filing written communications, authorizing an amendment to an application, or submitting legal arguments in response to a requirement or refusal constitutes representation of a party in a trademark matter. A response signed by an unauthorized foreign attorney is considered an incomplete response. See TMEP §§602.03, 712.03.
THE APPLICATION HAS BEEN PROVISIONALLY REFUSED AS FOLLOWS:
Search of Office’s Database of Marks
However, in order to proceed, the applicant must respond to the requirement(s) set forth below.
Identification of Goods Requires Amendment
In general, the designation “products” is too broad and applicant must specify the type of products referenced. See below.
In Classes 29 and 30, the first identification in each, “food supplements and dietary supplements, not for medical use, included in this class” is indefinite and unacceptable because all food and dietary supplements are properly classified in Class 5. Similarly, “non-medicinal supplements for beverages” is also indefinite and appears appropriately classified in Class5. 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, the examining attorney cannot suggest another an acceptable amendment, and these goods should be deleted.
Because the international classification of goods and/or services in applications filed under Trademark Act Section 66(a) cannot be changed, any modification to the goods/services must identify goods and/or services in the same class originally specified in the application for these goods and/or services.
The following substitute wording is suggested, if appropriate:
International Class 1: Chemicals and biochemicals [must refer to raw or unfinished chemicals, not products] used in industry, in agriculture, horticulture and forestry; chemicals and biochemicals for use in the manufacture of food, animal food, beverages, pharmaceutical preparations and cosmetics; chemical and biochemical products for preserving foodstuffs and beverages; chemicals and biochemicals for use as flavourings in the food industry
International Class 3: Cosmetics and non-medicated preparations [or specify “products”] for skin care; hair lotions; dentifrices; non-medicated cosmetic preparations for application to the skin to prevent sunburn; essential oils
International Class 5: Pharmaceutical and veterinary preparations for the treatment of [specify]; food supplements and food ingredients for medical purposes; vitamins and vitamin preparations; [delete “chemical and biochemical products for use in the manufacture of pharmaceutical preparations”—Class 1—no amendment suggested]; dietetic substances, namely, foods adapted for medical use [or specify “substances”]; food for babies
International Class 29: [delete “Food supplements and dietary supplements, not for medical use, included in this class”—unacceptable, may not be amended]; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products excluding ice cream, ice milk, and frozen yogurt; edible oils and fats
International Class 30: [delete “Food supplements and dietary supplements, not for medical use, included in other classes”—unacceptable, may not be amended]; yeast, yeast products, namely, [specify products, e.g. yeast powder]; yeast extracts [delete “included in this class”]; seasonings; rice; flour and preparations made from cereals, namely, [specify preparations]; bread, pastry and confectionery, namely, [list confectionery items]; sauces as condiments; ready-to-eat cereal bars; snacks, namely, grain-based snack foods [or specify snacks within Class 30 by common name]
International Class 31: Agricultural, horticultural and forestry seeds and products, namely, [list common names of products within Class 31] [delete “not included in other classes”]; fresh fruits and vegetables; sowing-seeds, natural plants and flowers; foodstuffs for animals
International Class 32: Mineral and aerated waters and other non-alcoholic drinks, namely, [specify other drinks]; fruit drinks and fruit juices; syrups [delete or specify “and other preparations”] for making beverages; [delete “non-medicinal supplements for beverages” unless “fruit extracts” or the like, all dietary and nutritional supplements in Class 5, may not be amended]; non-alcoholic sport drinks and non-alcoholic energy drinks
International Class 42: Scientific, technological and research services for the chemical and processing industry; industrial analysis and research services in the field of [specify]
Applicant is strongly advised to consult the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Although identifications of goods may be amended to clarify or limit the goods, adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
Description of Mark Required
The mark consists of a large stylized letter Q with a heart shape where the lines normally intersect, and the terms QUALITY FOR LIFE below with the same design in the Q in QUALITY.
Response
If the applicant has any questions or needs assistance in responding to this action, please contact the assigned examining attorney.
/Peter Bromaghim/
Trademark Examining Attorney
Law Office 107
Phone: (571)-272-8912
Fax: (571)-273-8912
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office action should be filed using the form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as 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.