To: | Traditional Medicinals (twahl@tradmed.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85443589 - GAS RELIEF - N/A |
Sent: | 5/24/2012 4:54:24 PM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85443589
MARK: GAS RELIEF
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Traditional Medicinals
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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: 5/24/2012
This Office action is in response to applicant’s communication filed on April 30, 2012. The applicant (1) amended the identification of goods, and (2) amended the application to seek registration on the Supplemental Register. No. 1 is acceptable.
Upon further review of the application, the amendment to the Supplemental Register can not be accepted.
Refusal on Supplemental Register
The applicant applied to register the mark GAS RELIEF for dietary supplement; herbal supplement; herbal tea for medicinal purposes and herbal tea; herbal tea preparations, namely, blends in the nature of dried herbs and herbal extracts, and herbal tea preparations, namely, mixes in the nature of concentrates, syrups or powders used in the preparation of tea based beverages.
The dictionary definitions made of record in the first Office action establish that "GAS" means a gas produced inside your body by your stomach, and RELIEF means the easing of a burden or distress, such as pain, anxiety, or oppression. The attached material downloaded from the internet evidences the common use of GAS RELIEF supplements.
Furthermore, applicant specimen of record describes the goods as “GAS RELIEF Relieves Gas and Bloating.”
Under these circumstances, neither an amendment to proceed under Trademark Act Section 2(f) nor an amendment to the Supplemental Register can be recommended. See TMEP §1209.01(c).
According, the refusal to register the mark under Section 2(e)(1) is continued.
Assistance
/Alice Benmaman/
Trademark Attorney
Law Office 116
(571) 272-9126
Alice.Benmaman@uspto.gov (informal queries only)
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. 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. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
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.