Offc Action Outgoing

PACIFIC LIFE FOODS

Pacific Foods of Oregon, Inc.

Offc Action Outgoing

UNITED STATES DEPARTMENT OF COMMERCE

UNITED STATES PATENT AND TRADEMARK OFFICE

SERIAL NO: 76/063027

APPLICANT: Pacific Foods of Oregon, Inc

CORRESPONDENT ADDRESS:

FAYE L. TOMLINSON

CHRISTENSEN O'CONNOR JOHNSON, ET AL

1420 FIFTH AVEUE

SUITE 2800

SEATTLE, WA 98101-2347

RETURN ADDRESS:

Commissioner for Trademarks

2900 Crystal Drive

Arlington, VA 22202-3513

ecom111@uspto.gov

MARK: PACIFIC LIFE FOODS

CORRESPONDENT’S REFERENCE/DOCKET NO: PF00223169

CORRESPONDENT EMAIL ADDRESS:

Please provide in all correspondence:

1. Filing date, serial number, mark and

applicant's name.

2. Date of this Office Action.

3. Examining Attorney's name and

Law Office number.

4. Your telephone number and e-mail address.

OFFICE ACTION

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.

Serial Number 76/063027

This responds to applicant’s communication filed on November 4, 2002. The Section 2(d) refusal is hereby withdrawn. Upon further review, the following has been determined. The examining attorney apologizes for any inconvenience to the applicant.

IDENTIFICATION OF GOODS – International Class 030

The wording “non-dairy beverages” in the identification of goods is unacceptable as indefinite. The applicant may adopt the following identification, if accurate:

International Class 005: nutritional supplements in powder and liquid form; fortified beverages, namely, nutritional drink mix for use as a meal replacement.

International Class 029: Soups; broth; dairy-based beverages, namely, milk; dairy-based fortified beverages, namely, vitamin-fortified milk; non-dairy food beverages used as milk substitutes; and non-dairy fortified food beverages used as a milk substitute; non-dairy beverages, namely, vegetable based chocolate food beverage

International Class 030: Sauces and marinades; beverages, namely iced tea, tea, coffee; non-dairy beverages, namely, grain based and rice based food beverages.

International Class 032: Beverages, namely, bottled drinking water; fortified beverages, namely, vitamin-fortified fruit juices.

TMEP section 804

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. Section 2.71(b); TMEP section 804.09. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

The applicant’s attorney is encouraged to call the undersigned for entrance of the above by examiner’s amendment.

/Karen M. Strzyz/

Karen Marie Strzyz

Trademark Attorney

Law Office 111

703-308-9111 ext. 470

fax 703-746-6334

How to respond to this Office Action:

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.