To: | Teragene Korea Inc. (docket@nkllaw.com) |
Subject: | U.S. Trademark Application Serial No. 88602765 - WHITENOX - TK002011504 |
Sent: | December 12, 2019 05:25:54 PM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88602765
Mark: WHITENOX
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Correspondence Address: |
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Applicant: Teragene Korea Inc.
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Reference/Docket No. TK002011504
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: December 12, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
The identification of goods is indefinite in part and overbroad in part and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The Trademark Act requires that a trademark or service mark application must include a “specification of … the goods [or services]” in connection with which the mark is being used or will be used. 15 U.S.C. §1051(a)(2) (emphasis added), (b)(2) (emphasis added); see 15 U.S.C. §1053. Specifically, a complete application must include a “list of the particular goods or services on or in connection with which the applicant uses or intends to use the mark.” 37 C.F.R. §2.32(a)(6) (emphasis added). This requirement for a specification of the particular goods and/or services applies to applications filed under all statutory bases. See 15 U.S.C. §§1051(a)(2), 1051(b)(2), 1053, 1126(d)-(e), 1141f; 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.01(b)-(c).
International Class 005: Drugs for medical purpose; Non-prescription medicines; Pharmaceutical preparations; Nutraceuticals for use as dietary supplements; Food supplements consisting of trace elements; Mineral supplements; Multivitamin preparations; Dietary supplements for controlling cholesterol; Nutritional supplements consisting primarily of omega-3 oil; Protein dietary supplements
The wording that is underlined in the identification of goods, above, is indefinite and must be clarified to specify their field of use or common commercial name. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
Applicant may substitute the following wording, if accurate:
International Class 005: Drugs for medical purpose, namely, medicinal preparations for {specify disease or condition to be prevented or treated, or the health goal to be achieved}; Non-prescription medicines, namely, {indicate common commercial name of Class 005 non-prescription medicines, e.g., pills, tablets, capsules, caplets, liquid drops, sachets and pharmaceutical preparations} for the treatment of {specify disease or condition to be prevented or treated, or the health goal to be achieved}; Pharmaceutical preparations for the treatment of {specify disease to be treated}; Nutraceuticals for use as dietary supplements; Food supplements consisting of trace elements; Mineral supplements; Multivitamin preparations; Dietary supplements for controlling cholesterol; Nutritional supplements consisting primarily of omega-3 oil; Protein dietary supplements
For assistance with identifying and classifying services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
ADVISORY: PARTIAL ABANDONMENT
If applicant does not respond to this Office action within the six-month period for response, the following goods in International Class 005 will be deleted from the application: “Drugs for medical purpose”, “Non-prescription medicines”, “Pharmaceutical preparations.” The application will then proceed with the remaining goods in International Class 005. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
Responding to this Office Action
How to respond. Click to file a response to this nonfinal Office action
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
If the applicant has any questions or requires assistance in responding to this Office Action, please telephone the assigned examining attorney.
/Aaron Rosenthal/
Examining Attorney
Law Office 120
Telephone: 571-272-4625
Email: Aaron.Rosenthal@USPTO.gov
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.
How to respond. Click to file a response to this nonfinal Office action.
RESPONSE GUIDANCE