To: | Anjon Biologics, Inc. (tmdocket@leasonellis.com) |
Subject: | U.S. Trademark Application Serial No. 88604726 - VERNISOME(S) - 11414/313431 |
Sent: | December 15, 2019 06:11:14 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88604726
Mark: VERNISOME(S)
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Correspondence Address: ONE BARKER AVENUE, FIFTH FLOOR
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Applicant: Anjon Biologics, Inc.
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Reference/Docket No. 11414/313431
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 15, 2019
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).
However, the applicant should note the following requirement.
Identification of Goods – International Class 5
The wording “topical gel for medical and therapeutic treatment of the skin” is unacceptable as indefinite because it does not indicate the specific treatment. The applicant should amend as follows: “topical gel for medical and therapeutic treatment of _____{indicate specific disease or condition}.”
The wording “topical gel for veterinary use” is unacceptable as indefinite because it does not identify a recognized good. The applicant may amend as follows: “topical gel for medical and therapeutic treatment of ticks, fleas, biting flies for veterinary use.”
The wording “topical gel for preventative and therapeutic treatment of skin anomalies, namely, burns, dermatitis, ichthyosis vulgaris, and squamous cell carcinoma; nasal spray preparations” is acceptable.
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See 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.
PLEASE NOTE: Applicant is encouraged to telephone or email the trademark examining attorney (Stephanie.Ali@uspto.gov) to resolve the issue above. Formal responses are not accepted via email. However, in this case, the examining attorney will issue an examiner’s amendment to expedite the application based upon the applicant’s informal email communication instead of the applicant submitting a written response.
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.
/Stephanie Davis Ali/
Trademark Examining Attorney
Law Office 109
571-272-9272 (direct phone)
stephanie.ali@uspto.gov
RESPONSE GUIDANCE