UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

OFFICE 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: 6/13/2013

 

 

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.

 

Applicant is encouraged to telephone the assigned trademark examining attorney to resolve the issues raised in this Office action.

 

No Likelihood of Confusion

 

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.

 

Goods

 

The wording “veterinary preparations, namely, medical diagnostic agents, tests, and preparations and substances to identify pathogens and residues of biological interest for veterinary use; Veterinary preparations for companion animals, namely to treat parasitic infections, diabetes, endocrine disorders, obesity, blood disorders, dental and oral diseases, pain, inflammation, gastrointestinal disorders, central nervous system disorders, neurological and neurodegenerative disorders, cardiovascular conditions, dermatologic conditions, urogenital and urinary conditions, osteoarthritis, otitis, wound healing, infections, allergy atopic conditions, liver diseases and disorders and nonsurgical sterilization, namely, hormones for the control/prevention of reproductive functions; veterinary preparations for treating and preventing fleas on companion animals;” in the identification of goods must be clarified because it is too wordy and confusing.  Furthermore, “diagnostic agents, tests, and preparations and substances” as written could suggest goods in a different class.  Finally “/” are not permitted in an identification of goods.  The goods must be specifically identified.  See TMEP §§1402.01, 1402.03. 

 

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. 

 

Applicant may substitute the following wording, if accurate:

 

Veterinary preparations, namely, vaccines, oral and injectable antimicrobial preparations for the treatment and control of infectious diseases in food producing animals and livestock, immunorestorative biopharmaceuticals, and other medicinal drugs for the prevention and treatment of viral, infectious, and metabolic diseases in animals; medicated animal feed and water additives in the nature of dietary supplements for production enhancement for livestock; veterinary preparations for controlling and destroying vermin, namely, ectoparasiticides, insecticides and parasiticides; Veterinary hormone preparations and hormone preparation implants for animals, namely, progesterone, estrogen and testosterone; Veterinary preparations for food safety, food animal processing and food animal processing aids, namely, bacteriophage, antimicrobials and vaccines to reduce levels of food borne pathogens carried in or on livestock, poultry or meat and to inhibit microbial decomposition in food and animal feed; veterinary preparations, namely, medical diagnostic agents to identify pathogens and residues of biological interest for veterinary use; Veterinary preparations for companion animals for the treatment of parasitic infections, diabetes, endocrine disorders, obesity, blood disorders, dental and oral diseases, pain, inflammation and gastrointestinal disorders; Veterinary preparations for companion animals for the treatment of  central nervous system disorders, neurological and neurodegenerative disorders, cardiovascular conditions, dermatologic conditions, urogenital and urinary conditions; Veterinary preparations for companion animals for the treatment of osteoarthritis, otitis, wound healing, infections, allergy atopic conditions, liver diseases and disorders; Veterinary preparations for companion animals for the treatment of nonsurgical sterilization, namely, hormones for the prevention of reproductive functions; veterinary preparations for treating and preventing fleas on companion animals; veterinary preparations, namely vaccines for companion animals.  International Class 5.

 

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

 

/D. Beryl Gardner/

Examining Attorney

Law Office 112

571-272-9162 (O)

571-273-9162 (F)

beryl.gardner@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 the Trademark Electronic Application System (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 the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or 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/trademarks/teas/correspondence.jsp.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 6/13/2013 FOR U.S. APPLICATION SERIAL NO. 85873460

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please 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 6/13/2013 (or sooner if specified in the Office action).  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.