Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

EXAMINER’S AMENDMENT

Issue date:  March 30, 2022

This letter responds to the applicant’s communication of February 28, 2022.  The substitute drawing is acceptable, and with the amendment below, the identification and classification of goods is acceptable.  The issue regarding the possible confusion with the pending marks is withdrawn.  The multiple class application requirements have been met.

The application has been amended as shown below.  As agreed to by Anne Peck on March 29, 2022, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, the applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

Identification and Classification of Goods

The identification and classification of goods has been amended as follows:

• Antimicrobial gels for creating a protective barrier against microorganisms in the nose, for rinsing, cleaning and irrigating the nose, for relief of nasal irritations and sinus conditions; paper and plastic swabs for medical use; and kits comprised of the foregoing, namely, antimicrobial gels for creating a protective barrier against microorganisms in the nose, nasal cleansing, rinsing and irrigation, and relief of nasal irritations and sinus conditions and nasal applicators, namely, nasal lavage vessels, paper and plastic swabs impregnated with lavage preparations for medical purposes for the nose and sinuses (Class 5)

• Nasal applicators, namely, nasal lavage vessels; nasal applicator, namely, tips and brushes for applying nasal rinses and cleansers; spray applicators sold empty for application of nasal solutions for medical purposes; applicator for administering cleansing solutions to nasal passages, namely, nasal lavage, irrigation, rinsing and cleansing vessels; and kits comprised of the foregoing, namely, a nasal and sinus cleansing and rinsing system comprising tips and brushes for applying nasal rinses and cleansers, an applicator for administering cleansing solutions to nasal passages, namely, nasal lavage, irrigation, rinsing and cleansing vessels (Class 10).

See TMEP §§1402.01, 1402.01(e).

/Leigh Caroline Case/

Examining Attorney

Law Office 112

(571) 272-9140

leigh.case@uspto.gov

(800) 786-9199 (Trademark Assistance Center)

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on March 30, 2022 for

U.S. Trademark Application Serial No. 90552171

A USPTO examining attorney has reviewed your trademark application and issued an Office action.  You may be required to respond to this Office action.  Follow the steps below.

(1)  Read the Office action.  This email is NOT the Office action.

(2)  Respond to the Office action, if a response is required.  Respond by the deadline using the Trademark Electronic Application System (TEAS).  Your response must be received by the USPTO on or before 11:59 p.m. Eastern Time of the last day of the response period.  Otherwise, your application will be abandoned.  See the Office action itself regarding how to respond.

(3)  Direct general questions about using USPTO electronic forms, the USPTO website, the application process, the status of your application, and whether there are outstanding deadlines to the Trademark Assistance Center (TAC).

After reading the Office action, address any question(s) regarding the specific content to the USPTO examining attorney identified in the Office action.

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 to ensure you receive important USPTO notices about your application.

·       Beware of trademark-related scams.  Protect yourself from people and companies that may try to take financial advantage of you.  Private companies may call you and pretend to be the USPTO or may send you communications that resemble official USPTO documents to trick you.  We will never request your credit card number or social security number over the phone.  And all official USPTO correspondence will only be emailed from the domain “@uspto.gov.”  Verify the correspondence originated from us by using your Serial Number in our database, TSDR, to confirm that it appears under the “Documents” tab, or contact the Trademark Assistance Center.

·       Hiring a U.S.-licensed attorney.  If you do not have an attorney and are not required to have one under the trademark rules, we encourage you to hire a U.S.-licensed attorney specializing in trademark law to help guide you through the registration process.  The USPTO examining attorney is not your attorney and cannot give you legal advice, but rather works for and represents the USPTO in trademark matters.