Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED

The above-referenced application is partially abandoned because applicant failed to file a response to the final Office action dated August 15, 2020.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).  To avoid partial abandonment, a response or notice of appeal was due within six months from the date on which the USPTO sent the previous Office action; however, no response or notice of appeal was received within this time period.  See TMEP §715.01. 

The final Office action included refusal(s) and/or requirement(s) that applied to only a portion of the application; therefore, only that portion of the application is abandoned.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(1); TMEP §718.02(a). 

The portion of the identification that was the subject of the refusal(s) and/or requirement(s) will be deleted from the application.  The application will proceed with the following identification: 

CLASS 005

“Antioxidant enriched coffee for medical purposes; Beverages containing electrolytes, vitamins, minerals, and probiotics for use as a nutritional supplement; Dietary supplemental drinks; Dietary supplements; Epsom salts; Herbal teas for medicinal purposes; Herbal supplements; Liquid nutritional supplement; Meal replacement bars for weight loss purposes; Medicinal tea; Mineral salts for medical purposes; Nutritional supplement meal replacement bars for boosting energy; Nutritional supplement shakes; Nutritional supplements; Powdered nutritional supplement drink mix and concentrate; Probiotic supplements; Protein dietary supplements; Vitamin supplements; Medicated bath salts; Vitamin supplement in tablet form for use in making an effervescent beverage when added to water; all of the aforementioned being for human consumption or use and not for animal consumption or use”

If applicant’s failure to respond was unintentional, applicant may file a petition to revive the portion of the application that abandoned.  TMEP §§718.02(a), 1714.01(d).  The petition must be filed within two months of the issue date of this letter using the Trademark Electronic Application System (TEAS) Petition to the Director form with the required fee.  See 37 C.F.R. §§2.23(a), 2.66(a); TMEP §§718.02(a), 1714.01(a), (d).  Once the petition is filed, notify the Petitions Office at 571-272-8950 that a petition to revive a partially-abandoned application was filed, specifying the application serial number.

Clinton Johnson

/Clinton Johnson/

Trademark Examining Attonrney

Law Office 107

571-272-0425

clinton.johnson@uspto.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on March 09, 2021 for

U.S. Trademark Application Serial No. 88080645

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

(1)  Read the official letter.  No response is necessary.

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

Clinton Johnson

/Clinton Johnson/

Trademark Examining Attonrney

Law Office 107

571-272-0425

clinton.johnson@uspto.gov

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”