To: | Unilever N.V. (dallastrademarks@bakermckenzie.com) |
Subject: | U.S. Trademark Application Serial No. 88205835 - NUTRIGEST - IPUN07F7U |
Sent: | September 15, 2019 08:33:39 PM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88205835
Mark: NUTRIGEST
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Correspondence Address: 1900 N. Pearl Street, Suite 1500
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Applicant: Unilever N.V.
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Reference/Docket No. IPUN07F7U
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: September 15, 2019
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
This Office action is in response to applicant’s communication filed on August 16, 2019. The amendment to the identification of goods is partially acceptable. Thus the requirement to amend the goods is maintained and now made FINAL.
Goods
The identification of goods is partially acceptable because “foods adapted for medical use, but not being dietetic, invalids, or infant foods, namely, medicinal tonics for treatment of healthy skin, digestion, regulation of menstrual cycle, acne, eczema, psoriasis, reduction of intestinal inflammation, boost immune system, anti-oxidant purposes; herbal tinctures, namely, medicinal herbal extracts in a solution of alcohol” is indefinite. The applicant must specify if the goods are homogenized or lyophilised for medical purposes and the conditions that require treatment. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following identification, if accurate:
Herbal remedies, namely, herbal supplements; herbal extracts for medical purposes; herbal preparations for medicinal purposes; herbal teas for medicinal purposes; homogenized foods adapted for medical use, but not being dietetic foods or infant foods, namely, medicinal tonics for the treatment of skin disorders, digestion disorders, irregular menstrual cycles, acne, eczema, psoriasis, intestinal inflammation, weak immune system; food supplements, namely, anti-oxidants; herbal tinctures, namely, medicinal herbal extracts in a solution of alcohol; food supplements; none of the aforesaid goods being laxative. International Class 5.
This requirement is maintained and made FINAL.
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN.
In such case, the application will proceed for the following goods only: Herbal remedies, namely, herbal supplements; herbal extracts for medical purposes; herbal preparations for medicinal purposes; herbal teas for medicinal purposes; herbal tinctures, namely, medicinal herbal extracts in a solution of alcohol; food supplements; none of the aforesaid goods being laxative.
How to respond. Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)
/D. Beryl Gardner/
Trademark Examining Attorney
Law Office 117
571-272-9162 (O)
571-273-9162 (F)
beryl.gardner@uspto.gov
RESPONSE GUIDANCE