To: | Amio Das (Glenn@IdeaAttorneys.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85632814 - T.O.M. - 2808.0100 |
Sent: | 10/18/2012 1:43:54 PM |
Sent As: | ECOM112@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85632814
MARK: T.O.M.
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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: Amio Das
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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: 10/18/2012
This Office action is in response to applicant’s communication filed on 10-16-2012.
The amended description of goods is not acceptable. See 37 C.F.R. §2.71(a).
The original description of services read “beverages for medical purposes”. Applicant proposes amending this wording the “pre-mixed nutritionally fortified beverages for medical purposes”. Effective January 1, 2012, the identification of nutritionally fortified food products for medical purposes was deleted because it is no longer acceptable under the Tenth Edition of the Nice Agreement. The Tenth Edition requires either specification that food products and beverages in Class 5 are adapted for medical use or other wording to make clear that the substance is for the treatment of a medical condition. Further, the nature of the food or beverage (e.g., bread, tea, etc.) must also be specified in the identification.
Thus, in addition to indicating that the beverages are for medical purposes, applicant must also indicate the nature of the beverage and may substitute the following wording, if accurate:
“Tea {or specify other particular beverage} for medical purposes” in Class 5.
AND/OR
“Nutritionally fortified beverages” in Class 5. Please note, as opposed to beverages for medical purposes, this identification refers to a beverage that is merely a carrier for nutritional supplements.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
/Kimberly Boulware Perry/
Trademark Attorney
Law Office 112
571-272-9208
kimberly.perry@uspto.gov
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.