UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/129752
APPLICANT: Dippin' Dots, Inc.
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CORRESPONDENT ADDRESS: TODD E. STOCKWELL 861 CORPORATE DRIVE SUITE 201 LEXINGTON, KY 40503
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
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MARK: SOLAR FREEZE
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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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.
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Serial Number 76/129752
The statement of use is denied acceptance for the following. The identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, the applicant must describe the product and its intended uses. TMEP §1402.01.
The applicant may adopt the following identification of goods, if accurate:
Frozen beverages, namely, non-alcoholic frozen and chilled fruit-based food beverages—Int’l. CL. 29.
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. §2.71(a); TMEP §1402.06. 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 may wish to consult the online identification of goods and services manual prior to responding to this office action. The Trademark Acceptable Identification of Goods and Services Manual can be found on the US Patent and Trademark Office’s website at
www.gov.uspto.report/web/offices/tac/doc/gsmanual.
Further action awaits response by the applicant to the above.
Samuel E.Sharper, Jr.
Trademark Examining Attorney
Law Office 108, (703) 308-9108 ext. 199
Ecom108@USPTO.GOV
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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.