NOTE TO THE FILE
`
`          Protest evidence reviewed
`
`SERIAL NUMBER:            
`
`90430359
`
`DATE:                               
`
`07/12/2021
`
`NAME:                              
`
`rcohen
`
`NOTE:         
`
`Searched:                                                                    Google                                   Lexis/Nexis                              OneLook
`
`      Wikipedia
`      Acronym Finder                 
`      Other:
`
`Checked:                                                                    Geographic significance       
`         Surname                       
`         Translation
`
`      ID with ID/CLASS mailbox
`
`      Checked list of approved Canadian attorneys and agents
`
`Discussed file with
`Attorney/Applicant via:
` X    phone                      
` X    email                         
`
`   
`
`      Left message with
`      Attorney/Applicant
`
`      Requested Law Library search     
`     for:                                   and entered changes in TRADEUPS
`
` X    Issued Examiner’s Amendment
`
`DO NOT PRINT             Added design code in TRADEUPS
`PRINT          
`          
`      Description of the mark
`      Translation statement                    Re-imaged standard character
`                                            drawing
`      Negative translation statement
`
`                    Consent of living individual             Contacted TM MADRID ID/CLASS
`
`                                            about misclassified definite ID
`      Changed TRADEUPS to:
`
`      OTHER:
`
`-----------------------------------------------------------------------------
`
`From: Cohen, Robert
`Sent: Monday, July 12, 2021 11:07 AM
`To:  'hkline@nathlaw.com'
`Cc:  'sblackman@nathlaw.com'; 'docketing@nathlaw.com'
`Subject: OFFICIAL USPTO COMMUNICATION - REPLY NEEDED, Trademark Application Serial No.: 90430359, ("ECOPLANET")
`
`Importance: High
`
`Mr. Kline,
`
`I have been assigned by the USPTO to examine the application to register the trademark “ECOPLANET”, (Serial No.: 90430359 / your
`docket no.: 63395).  In order to place the application in condition for approval for publication, there are clauses in the Class 5 identification
`
`   
`   
`

`

`of goods that require additional clarification as they either fail to specify if the goods are for medical purposes, (as opposed to possible
`preparations used in laboratory research), require additional clarification to specify whether the goods
`are a form of supplement, are unclear as to usage, (e.g. consumer health intervention), or otherwise appear to contain redundant wording or
`are grammatically unclear with regard to the conditions that they treat.  The following wording may be adopted, if accurate:
`
`International Class 4 is acceptable as worded
`
`In International Class 5:  “antimicrobial preparations and substances for the prevention, inhibition, treatment, and disinfection of bacterial,
`fungal, and other microbial infections, conditions, and growth in or near humans and animals and their environs, including maintaining
`hygiene in and on surfaces and materials for preparation of food and beverages, waste accumulation and disposal, and in living and work
`spaces; dietary supplements for animal and human consumption; nutritional supplements for human and animal consumption; oral
`electrolytes in the nature of nutritional supplements for human and animal consumption; animal feed additives for use as nutritional
`supplements; animal feed supplements; pharmaceutical preparations for the inhibition of bacterial, fungal and microbial activity, and for
`the prevention and treatment of bacterial, fungal and microbial infections in humans and animals; disinfectants; anti-infective preparations
`and substances; all-purpose disinfectants with anti-bacterial, anti-fungal, and anti-microbial properties; disinfectant preparations having
`antibacterial, antifungal, and antimicrobial activity for hygienic and sanitary purposes; anti-fungal preparations; fungicides and anti-fungal
`preparations and substances; odor reducing compounds in the nature of antimicrobial preparations for reducing odors on various surfaces,
`for general use; antimicrobial preparations for the prevention, care and treatment of wounds and infections; veterinary preparations for the
`prevention, care and treatment of wounds and infections; topical antimicrobial preparations for dermatologic use; Antimicrobial
`preparations for inhibiting microbiological growth and decomposition in
`food, beverages, animal feed and pharmaceuticals; hand sanitizer; medicated mouthwash; medical foods as dietary foods adapted for
`medical use; medical foods, namely, dietetic food that is intended for the specific dietary management of a disease or condition; medicated
`feed for livestock and companion pets; anti-diarrheal agents for medical purposes; pharmaceutical preparations, namely, preparations that
`provide relief of symptoms of diarrhea and GI tract disorders; pharmaceutical products and preparations for the prevention and treatment of
`infectious or parasitic diseases; pharmaceutical
`preparations and substances for the treatment of viral and respiratory related diseases and disorders; pharmaceutical preparations for skin
`care; pharmaceutical preparations and substances for the treatment of damaged skin and tissue, and problematic skin conditions;
`pharmaceutical preparations
`and medicines for the treatment and prevention of GI Tract disorders, enteric diseases, irritable bowel syndrome, and infectious diseases;
`pharmaceutical preparations, namely, microbiome modulating treatments for treating GI Tract disorders, enteric diseases, irritable bowel
`syndrome, and infectious
`diseases; pharmaceutical preparations for treating oral microbiome dysbiosis that results from the use of antibiotic medications for the
`restoration of balance to a perturbed human oral and nasal microbiome; pharmaceutical preparations for treatment and prevention of animal
`diseases, namely,
`mastitis in livestock; pharmaceutical preparations for the treatment or prevention of disorders or diseases caused by bacteria; probiotic and
`prebiotic supplement formulations in the form of capsules, suppositories, and lyophilized powders all for the developing infant gut
`microbiome, for supporting healthy vaginal microbiomes in pregnant women and supporting healthy breastfeeding, and for increasing
`strains of beneficial bacteria in infants, children, and adolescents; probiotic supplement
`formulations for veterinary use, namely, antibacterial treatments, microbiome modulating treatments, anti-infective treatments and
`prophylaxis; probiotic supplement formulations for medical use, namely, oral formulations, formulations that deliver a microbiome into a
`human or animal, and formulations that deliver microbiome into skin, hair, mouth, gut, blood, tissue, fluid or organ of a human or animal;
`veterinary preparations active in the microbiome space, namely, probiotic and prebiotic supplements;
`veterinary preparations, namely, antibacterial preparations, microbiome modulating preparations, anti-infective preparations and
`antibacterial prophylaxis preparations, and antibacterial diagnostic preparations; microbiome modulators for veterinary purposes, namely,
`animal feed additives for use in animals feed to assist in digestion, growth or wellbeing; microbiome modulators for medical purposes,
`namely, as modulators of activity of pharmaceuticals in humans and animals; veterinary preparations for the treatment of scours, diarrhea,
`and infectious diseases; veterinary preparations for providing antibodies for the protection against disease; preparations for destroying
`parasites; odor neutralizing preparations for use on garbage and dumpsters; poultry litter treatment preparation, namely,
`deodorizers added to poultry litter to control the ammonia odor from animal waste materials; deodorizing preparations for commercial and
`industrial use for treatment of poultry litter; odor control agents, namely, air deodorizing preparations in aerosol form; all-purpose
`disinfectants for infection control and prevention and biosecurity; antimicrobial and antiviral disinfectant for biosecurity and farm use”
`
`International Class 31 is acceptable as worded
`
`International Class 32 is acceptable as worded
`
`International Class 35 is acceptable as worded
`
`If the proposed wording for Class 5 is acceptable, kindly reply by email or phone indicating as such, on or before the close of business on
`Wednesday, July 14, 2021, and the changes may be entered by Examiner’s amendment.  If no reply is received, an Office action will have
`
`

`

`to issue. 
`
`If you have any questions, please do not hesitate to ask.
`
`Sincerely,
`
`/Robert Cohen/
`
`Robert A. Cohen
`Trademark Examining Attorney
`United States Patent and Trademark Office
`Law Office 103
`P:  (571) 270-1389
`E:  robert.cohen@uspto.gov
`
` 
`