UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

PRIORITY ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 3/15/2012

 

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

ISSUES APPLICANT MUST ADDRESS:  On March 15, 2012, the trademark examining attorney and  Robert Lee discussed the issues below.  Applicant must timely respond to these issues.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.

 

 

 

IDENTIFICATION OF GOODS – PARTIAL REQUIREMENT

 

The identification of goods is unacceptable because it is indefinite.  See TMEP §1402.01.

 

In particular, Applicant must provide greater specificity with regard to the nature of the “veterinary preparations.”  In the identification of goods, Applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases.  If Applicant uses indefinite words, such words must be followed by “namely,” followed by a list of the specific goods identified by their common commercial or generic names.  See TMEP §§1402.01, 1402.03(a).

 

Please note that failure to address this issue shall result in all specified indefinite terms being deleted from the identification.  For Applicant’s convenience, all indefinite terms and phrases, including suggestions by the examining attorney, have been highlighted.

 

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.

 

Applicant may adopt the following identification of goods, if accurate:

International class 5 - Pharmaceutical preparations, namely, pharmaceutical preparations for the diagnosis and treatment of alcohol use disorders, Alzheimer's, anxiety disorders, atherosclerosis, autoimmune diseases and disorders, blood disorders, bone and skeletal diseases and disorders, cancer, cardiovascular diseases, central nervous system diseases and disorders, cholesterol disorders, cystic fibrosis, dementia, dermatological diseases and disorders, diabetes, dyslipidemia, endocrine diseases and disorders, gastrointestinal diseases and disorders, hormonal diseases and disorders, inflammation and inflammatory diseases and disorders, kidney diseases and disorders, liver diseases and disorders, metabolic diseases and disorders, migraines, muscle diseases and disorders, neurodegenerative diseases and disorders, neurological disorders, obesity, pain, pancreatic diseases and disorders, psychiatric disorders, reproductive system diseases and disorders, sleep disorders, urological disorders; antipsychotic pharmaceutical preparations; antidepressants; veterinary preparations for [indicate type of animal and condition being treated].

 

SIGNIFICANCE OF MARK - ACCEPTED – DO NOT PRINT

 

Applicant’s statement that the mark is coined and has no English translation has been accepted.

 

PARTIAL ABANDONMENT – ADVISORY

 

If applicant does not respond to this Office action within the six-month period for response, then the above highlighted goods will be deleted from the application.  The application will then proceed with the remaining goods in international class 5.  See 37 C.F.R. §2.65(a); TMEP §718.02(a).

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

/V.J./

Gene V.J. Maciol, II

Trademark Attorney Advisor

Law Office 103

gene.maciol@uspto.gov

571 272 9280

571 273 9280 fax

 

 

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.

 

 

 

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION HAS ISSUED ON 3/15/2012 FOR

SERIAL NO. 85476614

 

Please follow the instructions below to continue the prosecution of your application:

 

 

TO READ OFFICE ACTION: Click on this link or go to http://portal.gov.uspto.report/external/portal/tow and enter the application serial number to access the Office action.

 

PLEASE NOTE: The Office action may not be immediately available but will be viewable within 24 hours of this e-mail notification.

 

RESPONSE IS REQUIRED: You should carefully review the Office action to determine (1) how to respond; and (2) the applicable response time period. Your response deadline will be calculated from 3/15/2012 (or sooner if specified in the office action).

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System Response Form.

 

HELP: For technical assistance in accessing the Office action, please e-mail

TDR@uspto.gov.  Please contact the assigned examining attorney with questions about the Office action. 

 

        WARNING

 

Failure to file the required response by the applicable deadline will result in the ABANDONMENT of your application.