United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 79290673
Mark: YILING
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Correspondence Address: No.720-8, 7 Floor, Building no. 2, no. 1 |
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Applicant: Shijiazhuang Yiling Pharmaceutical Co., ETC.
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
International Registration No. 1543399
Notice of Provisional Full Refusal
Deadline for responding. The USPTO must receive applicant’s response within six months of the “date on which the notification was sent to WIPO (mailing date)” located on the WIPO cover letter, or the U.S. application will be abandoned. To confirm the mailing date, go to the USPTO’s Trademark Status and Document Retrieval (TSDR) database, select “US Serial, Registration, or Reference No.,” enter the U.S. application serial number in the blank text box, and click on “Documents.” The mailing date used to calculate the response deadline is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
Respond to this Office action using the USPTO’s Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Discussion of provisional full refusal. This is a provisional full refusal of the request for extension of protection to the United States of the international registration, known in the United States as a U.S. application based on Trademark Act Section 66(a). See 15 U.S.C. §§1141f(a), 1141h(c).
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SUMMARY OF ISSUES:
· IDENTIFICATION OF GOODS – AMENDMENT REQUIRED
· MARK DESCRIPTION – AMENDMENT REQUIRED
· APPLICANT MUST BE REPRESENTED BY A U.S.-LICENSED ATTORNEY
IDENTIFICATION OF GOODS – AMENDMENT REQUIRED
The identification of goods and services is indefinite and must be clarified because several of the goods and services listed are unclear as to the specific nature, type, or purpose of the goods and services being provided. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must therefore clarify the identification as noted in bold below.
Applicant may substitute the following wording, if accurate:
Class 5
Dietary fiber to aid in digestion; nutritional supplements; dietetic foods adapted for medical purposes; medicines for treatment of respiratory diseases; germicides; antiseptics; disinfectants; medicines for human purposes, namely, {Specify goods of these types in class 5 e.g., Medicines for alleviating constipation}; pharmaceutical preparations for the treatment and prevention of {specify disease or condition to be treated}; chinese patent medicines, namely, {Specify goods of these types in class 5 e.g., Medicines for the treatment of gastrointestinal diseases}; pharmaceutical preparations for the treatment of cardiovascular diseases; antibacterial handwashes
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
MARK DESCRIPTION – AMENDMENT REQUIRED
The following description is suggested, if accurate: The mark consists of an oval shape. Inside of the oval is a shape comprised of an oblong bottom and a circular top. There is a curved line on each side of this shape. Underneath the oval is the wording “YILING” in stylized font.
APPLICANT MUST BE REPRESENTED BY A U.S.-LICENSED ATTORNEY AT THE USPTO TO RESPOND TO OR APPEAL THE PROVISIONAL REFUSAL.
An applicant whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory. 37 C.F.R. §§2.11(a), 11.14; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019). An individual applicant’s domicile is the place a person resides and intends to be the person’s principal home. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. A juristic entity’s domicile is the principal place of business; i.e., headquarters, where a juristic entity applicant’s senior executives or officers ordinarily direct and control the entity’s activities. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. Because applicant is foreign-domiciled, applicant must appoint such a U.S.-licensed attorney qualified to practice under 37 C.F.R. §11.14 as its representative before the application may proceed to registration. 37 C.F.R. §2.11(a). See Hiring a U.S.-licensed trademark attorney for more information.
Only a U.S.-licensed attorney can take action on an application on behalf of a foreign-domiciled applicant. 37 C.F.R. §2.11(a). Accordingly, the USPTO will not communicate further with applicant about the application beyond this Office action or permit applicant to make future submissions in this application. And applicant is not authorized to make amendments to the application.
To appoint or designate a U.S.-licensed attorney. To appoint an attorney, applicant should submit a completed Trademark Electronic Application System (TEAS) Change Address or Representation form. The newly-appointed attorney must submit a TEAS Response to Examining Attorney Office Action form indicating that an appointment of attorney has been made and address all other refusals or requirements in this action, if any. Alternatively, if applicant retains an attorney before filing the response, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
How to respond. Click to file a response to this nonfinal Office action.
ASSISTANCE
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
/Odette Martins/
Trademark Examining Attorney
Law Office 123
(571) 270-0122
odette.martins@uspto.gov
RESPONSE GUIDANCE