Offc Action Outgoing

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

ISSUE/MAILING DATE:

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, 2.65(a); TMEP §§711, 718.03.

Search Clause

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

Identification of Goods

The identification of goods is indefinite and must be clarified. See TMEP §1402.01. Applicant must specify the common commercial or generic name for the goods. If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses.

Applicant may adopt the following identification, if accurate:

International Class 3; Wipes impregnated with a skin cleanser; pre-moistened cosmetic towelettes; cotton for cosmetic purposes; cotton sticks for cosmetic purposes;

International Class 5; Medicated pre-moistened towelettes; pre-moistened towelettes with disinfecting preparations used for sanitary purposes; cotton for medical purposes; applicators for medical purposes (this item is indefinite; the applicant must indicate the common commercial name of the applicators); adhesive tape for medical purposes; burn dressings; and, cotton sticks for medical purposes;

International Class 10; surgical caps, gowns, masks, scrub suits and shoe covers; speculums; surgical sponges; surgical abdominal towels for medical use; surgical dissectors; tongue depressors; portable breathing system comprising a breathing circuit, connections to patient, ventilator, scavenger, fresh gas delivery circuit and carbon dioxide absorber; AND,

International Class 24; Disposable bed linens; disposable bed blankets; textile wash cloths; disposable towelettes (this item is indefinite and misclassified; the applicant has previously listed various types of towelettes; towelettes are not included in this class; applicant should delete this item); towels, namely, thermal wraps in the nature of towels used to maintain body heat during full body treatments.

An applicant may amend an identification of goods only 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 et seq.

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.

Dates of Use Read as After Filing Date

The dates of use in the application specify the following date or dates: 00/00/2010. The Office interprets this date as the last day of December 2010. See TMEP §903.06. Thus, the identified date of use is later than the date on which the application was filed. For an application based on use in commerce under Trademark Act Section 1(a), applicant must have used the mark in commerce at least as early as the application filing date. 37 C.F.R. §2.34(a)(1)(i); TMEP §§806.01(a), 901; see 15 U.S.C. §1051(a)(2), (a)(3)(C).

If applicant used the mark in commerce on or before the application filing date, applicant must (1) correct the dates of use, and (2) verify the corrected dates with an affidavit or signed declaration under 37 C.F.R. §2.20. See 37 C.F.R. §§2.71(c), 2.193(e)(1); TMEP §903.04.

If applicant did not use the mark in commerce on or before the filing date, applicant may substitute a different basis for filing if applicant can meet the requirements for the new basis. See TMEP §§806.01 et seq., 806.03.

In this case, applicant may wish to amend the application to assert a Section 1(b) basis; the requirements of which are set forth below.

An application based on a bona fide intention to use the mark in commerce must include the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20:

Applicant has had a bona fide intention to use the mark in commerce on or in connection with the goods or services listed in the application as of the filing date of the application.

15 U.S.C. §1051(b)(3)(B); 37 C.F.R. §2.34(a)(2); TMEP §806.01(b); see 37 C.F.R. §2.193(e)(1).

Response Guidelines

Applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the trademark examining attorney, (2) the serial number and filing date of the application, (3) the date of issuance of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a).

/Matthew C. Kline/

Trademark Attorney

Law Office 103

(571) 272-9454

TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.