Suspension Letter

United States Patent and Trademark Office (USPTO)

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

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  February 07, 2020

 

This Office action is in response to applicant’s communication filed on February 5, 2020.

 

The application is suspended for the reason(s) specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

Application suspended until submission of foreign registration or proof that foreign registration was renewed.  Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a).  Action on the application is suspended until the USPTO receives a copy of such foreign registration or proof that the foreign registration was renewed.  TMEP §§716.02(b), 1003.04.  Applicant must also provide an English translation if the foreign registration or renewal document is not in English.  37 C.F.R. §2.34(a)(3)(ii)-(iii). 

 

If the foreign application abandons or the foreign registration is not renewed, applicant should promptly notify the trademark examining attorney.  See TMEP §§1003.08, 1004.01(a).  In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable.  TMEP §§1003.08, 1004.01(a).

 

Requirement resolved and maintained and continued.  The following requirement is satisfied: 

 

            •  Requirement – Attorney Bar Information and Attestation

 

See TMEP §713.02.

 

The following requirement is maintained and continued: 

 

            •  Requirement – Identification of Goods.  Specifically, the following wording remains indefinite, “cultures for medical use, namely, bacteriological cultures for medical purposes”.   Applicant must clarify the goods for the record.  Additionally, the wording “nutritional food additives for medical purposes in the nature of natural food extracts derived from human breast milk” is duplicated in the identification.  Applicant must delete the duplicated entry.

 

Applicant may substitute the following wording, if accurate: 

 

International Class 005:

Pharmaceutical preparations for digestive health, cardiovascular health, immune function and blood sugar management; probiotic preparations for medical use; probiotic substances, namely, probiotic supplements; probiotic bacterial preparations, namely, probiotic supplements; probiotic cultures, namely, bacteriological culture mediums; cultures for medical use, namely, bacteriological culture mediums for medical purposes; bacterial cultures, namely, bacteriological culture mediums; bacteriological cultural media, namely, media for bacteriological cultures; bacterial preparations for medical use; biological preparations for medical use, namely, biological preparations for the treatment of digestive disorders, cardiovascular health, immune function and blood sugar management; bacterial preparations for nutritional purposes for medical use; biological preparations for nutritional purposes, namely, biological preparations for the treatment of digestive health, cardiovascular health, immune function and blood sugar management; cultures of micro-organisms for medical or veterinary use; dietetic foods adapted for medical use; dietetic substances adapted for medical use, namely, dietetic beverages adapted for medical use; meal replacement beverages adapted for medical use; food for babies; food for infants; milk powder for babies; milk powder for infants; dietary supplements; vitamins; vitamin formulations, namely, vitamins for mixing with yogurt; mineral supplements; mineral supplements for foodstuffs; nutritional food additives for medical purposes in the nature of natural food extracts derived from human breast milk; nutritional supplements; bacteriological preparations for medical use; albuminous preparations for medical purposes, namely, albumin dietary supplements; homogenized food adapted for medical purposes; baby milk powder; lacteal flour for babies; milk sugar for medical purposes; lactose for medical purposes; malted milk beverages for medical purposes; albuminous foodstuffs in the nature of nutritional supplements for medical purposes; mineral food supplements.

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

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.

 

See id. 

 

Suspension process.  The USPTO will periodically check this application to determine if it should remain suspended.  See TMEP §716.04.  As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension.  TMEP §716.05. 

 

No response required.  Applicant may file a response, but is not required to do so. 

 

Advisory – TEAS RF Applicants:

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.  

 

/Colleen Dombrow/

Trademark Attorney

Law Office 101

571-272-8262

colleen.dombrow@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on February 07, 2020 for

U.S. Trademark Application Serial No. 88429799

 

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. 

 

/Colleen Dombrow/

Trademark Attorney

Law Office 101

571-272-8262

colleen.dombrow@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.”