UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

FINAL OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

MAILING/E-MAILING DATE INFORMATION:  If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.

 

 

The Office has reassigned this application to the undersigned examining attorney.

 

This case is removed from suspended status.  In the Notice of Suspension mailed July 16, 2003, the previous examiner noted the following:

 

1)      the refusals under Section 2(d) as to Reg. Nos. 1776964 and 2141806 were continued; the refusal as to Reg. No. 1776964 is now WITHDRAWN; Reg. No. 2141806 has been cancelled so the refusal on that basis is also now WITHDRAWN;

2)      the reference to prior pending application Serial No. 76149297 was continued awaiting disposition of that application; that application has since been abandoned so the reference is now WITHDRAWN;

3)      the requirements not satisfied by applicant’s last response were continued; the indefinite identification of goods remains as the only outstanding issue; since the requirement for clarification of the goods is continued, the requirement is now made FINAL.

 

Identification of Goods Remains Indefinite

 

The current wording used to describe the goods needs clarification because the nature of the “dispensing devices” is unclear.  These goods could be in Classes 7, 9, 11 or 21 depending on the size, application and whether the dispensing and portioning is a measuring function.  For example, if the dispensers are electric and primarily involve a cooling function, they would fall into Class 11.  If they are primarily mechanical and are used in commercial food processing or packaging, they are in Class 7.  If they are household food dispensers (and couplers therefore), such should be stated and the goods then belong in Class 21.  TMEP §1402.01.

 

The identification of goods as currently on record reads as follows:

 

“DISPENSING DEVICES FOR DISPENSING OR PORTIONING FOODSTUFF FROM FOODSTUFF PACKAGES; COUPLING DEVICES FOR CONNECTION OF FOODSTUFF PACKAGES WITH DISPENSING DEVICES FOR DISPENSING OR PORTIONING OF FOODSTUFF FROM THE FOODSTUFF PACKAGES; COUPLING MEMBERS FOR SAID COUPLING DEVICES, PARTICULARLY COUPLING MEMBERS WHICH BELONG TO THE FOODSTUFF PACKAGES AND WHICH ARE PROVIDED ON WALLS THEREOF WHICH CAN BE OPENED AND WHICH ARE FLEXIBLE, AS WELL AS COUPLING MEMBERS WHICH BELONG TO DISPENSING DEVICES AND WHICH ARE ADAPTED TO OPEN THE FLEXIBLE WALLS OF THE FOODSTUFF PACKAGES AND THEREAFTER BE CONNECTED WITH THE COUPLING MEMBERS OF THE FOODSTUFF PACKAGES.”

 

Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

 

Proper Response to Final Action

 

If applicant fails to respond to this final action within six months of the mailing date, the application will be abandoned.  15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).  Applicant may respond to this final action by: 

 

(1)   submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); or

(2)   filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).

 

In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2).  37 C.F.R. §2.64(a).  See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matter.  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

 

 

/Heather D. Thompson/

Trademark Examining Attorney

Law Office 109

571.272.9287

heather.thompson1@uspto.gov

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above, and include the serial number, law office number, and examining attorney’s name.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

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