Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

NOTICE OF DIVISIONAL REQUEST COMPLETED

ISSUE/MAILING DATE: 8/8/2012

Serial Number  85385217

The request to divide application serial no. 85385217 filed on July 18, 2012 has been processed as follows:

(1)  Parent (original) application serial no. 85385217 contains the following goods in class(es):  5 Dietary and nutritional supplements; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary food supplements; Dietary supplements; Food for medically restricted diets; Herbal supplements; Homeopathic supplements; Meal replacement bars; Meal replacement powders; Mineral nutritional supplements; Nutritional energy bars for use as a meal substitute; Nutritional supplement in the nature of a nutrient-dense, protein-based drink mix; Nutritional supplements in the form of nutritionally fortified beverages, calcium, electrolyte drinks, energy bars, lecithin, minerals, and vitamins; Nutritionally fortified beverages; Nutritionally fortified water; Vitamin and mineral supplements; Vitamin enriched water; Vitamin fortified beverages; Nutritional supplements, namely, anti-oxidant supplements in the form of pills, powders, creams and beverages; nutritionally fortified beverages, namely, non-alcoholic anti-oxidant fruit extract beverages; Vitamin and nutritionally fortified beverages containing biological accelerants for use in restoring energy levels and for use in revitalizing and restoring the immune system; Mineral supplement drinks; Tonics, namely, nutritional supplements; Nutritionally fortified beverages for use as supplements; Food supplements, namely, dietary fiber, drink mixes used as meal replacement, flax seed oil; Dietary soy supplements; Soy nutritional supplements; Herbal supplements and vitamins; 29 Potato chips; Potato-based snack foods; Vegetable-based snack foods; 30 Cakes; Cookies; 32 Aerated water; Ale; Aloe vera drinks; Aloe vera juices; Beer; Beer-based coolers; Coffee-flavored soft drink; Cola; Concentrates, syrups or powders used in the preparation of soft drinks; Drinking water; Energy drinks; Essences for use in making soft drinks; Flavored waters; Fruit drinks; Fruit flavored drinks; Fruit flavored soft drinks; Fruit juices; Fruit nectars; Fruit punch; Glacial water; Guarana drinks; Isotonic drinks; Juice base concentrates; Lager; Malt beer; Malt liquor; Mineral water; Non-alcoholic beer; Non-alcoholic beverages containing fruit juices; Non-alcoholic beverages, namely, carbonated beverages; Non-alcoholic cocktail mixes; Non-alcoholic cocktails; Nonalcoholic aperitifs; Pilsner; Pop; Porter; Preparations for making beverages, namely, for making soft drinks and fruit drinks; Quinine water; Seltzer water; Soda water; Soft drinks; Soft drinks flavored with tea; Soy-based beverages not being milk substitutes; Sports drinks; Spring water; Stout; Sweet cider; Syrups for making fruit-flavored drinks; Syrups for making soft drinks; Syrups for making whey-based beverages; Table water; Vegetable juices; Water beverages; Whey beverages; Tonic water.  To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

(2)  Child application serial no. 85977242 contains the following goods in class(es):  30 Candy; Candy bars; Caramels; Chocolate; Chocolate covered nuts; Chocolate truffles.  A statement of use filed on July 18, 2012 has been placed in the child application and routed to the examining attorney for examination.

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

Please call the undersigned with any questions.

/Antoinette Torregano/

Antoinette Torregano

Paralegal Specialist

ITU/Divisional Unit

Telephone # 571 272-9514

Fax # 571 273-9514

NO RESPONSE TO THIS NOTICE IS REQUIRED.

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.

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.