To: | Desert King International LLC (efiling@knobbe.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88392508 - PRAEVENT - DSKNG.042T |
Sent: | 5/6/2019 2:26:19 PM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88392508
MARK: PRAEVENT
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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: Desert King International LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 5/6/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE RECORDS – NO CONFLICTING MARKS NOTED
IDENTIFICATION AND CLASSIFICATION OF GOODS
The identification of goods is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. In addition some of the goods may have been misclassified. The applicant must amend the application to properly classify the goods. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.
International Class 1:
The wording “additive for drinking water to improve livestock gut health” is indefinite. The applicant must clarify the form of the additive in order to determine proper classification. Note that, if the additives are “dietary supplements” or “vitamins” or “nutritional supplements” the proper class is International Class 5.
International Class 5:
The wording “supplement for treating potable water for improved animal health” is indefinite. The applicant must specify the type of supplement.
The wording “animal feed or water additive for use as nutritional supplement for improving digestion and gastrointestinal health” is indefinite. The applicant must clarify the form of the goods. In addition, the word “or” is indefinite. The applicant must amend this word to a definite word such as “and”. Finally, it is unclear whether the “water additive” is for humans or animals. Therefore, this must also be clarified.
Applicant may adopt the following identification, if accurate:
“chemicals for use in treating water,” in International Class 1.
“additives in the form of dietary supplements for use in drinking water to improve livestock gut health; dietary supplement for treating potable water for improved animal health; animal feed and animal water additive in the nature of a nutritional supplement for improving digestion and gastrointestinal health,” in International Class 5.
Trademark ID Manual: For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
If applicant does not respond to this Office action within the six-month period for response, the following goods in International Classes 1 and 5 will be deleted from the application:
Class 1: additive for drinking water to improve livestock gut health
Class 5: Supplement for treating potable water for improved animal health; animal feed or water additive for use as nutritional supplement for improving digestion and gastrointestinal health
The application will then proceed with the following goods and/or services in International Class 1 only:
Class 1: Chemicals for use in treating water
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
ASSISTANCE
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.
Robert N. Guliano
/Robert N. Guliano/
Examining Attorney
Law Office 105
571-272-0174
robert.guliano@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.