UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/392964
APPLICANT: J & B Distributing Co
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CORRESPONDENT ADDRESS: J & B DISTRIBUTING CO. 3251 N. OAK PARK AVE CHICAGO, IL 60634
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
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MARK: LACIATE
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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 76/392964
This letter responds to the applicant’s petition to revive. The application was revived on August 1, 2003. The assigned examining attorney has further reviewed the referenced application and determined the following.
Whole Form Correction to Apply for Trademark
The applicant has completed the collective trademark/service mark application. However, it appears from the record that the applicant wishes to register a Trademark. The attached form is enclosed for your convenience. The form sets forth all the requirements for filing an application to register a trademark. The corrections as suggested below should be included on the amended application. The applicant either can complete the enclosed form and write the words “Substitute Application” with the serial number at the top of the form, or can file its own paperwork but address each of the elements found in the enclosed form on its submission. The serial number should appear on all documentation sent to the PTO.
The wording “dairy products” in the identification of goods is unacceptable as indefinite. The wording is broad enough to include goods classified in other classes. The applicant must amend the identification to specify the commercial name of the goods. If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.
For assistance regarding an acceptable listing of goods and/or services, please see the on‑line searchable Manual of Acceptable Identifications of Goods and Services, at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/.
The applicant may adopt the following identification of goods, if accurate:
Dairy products excluding ice cream, ice milk and frozen yogurt, International Class 29; and/or
Ice cream, ice milk and frozen yogurt, International Class 30.
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.
If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.
(1) The applicant must list the goods/services by international class with the classes listed in ascending numerical order. TMEP §1403.01.
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid. 37 C.F.R. §§2.6(a)(1) and 2.86(a); TMEP §§810.01 and 1403.01. Effective January 1, 2003, the fee for filing a trademark application is $335 for each class. This applies to classes added to pending applications as well as to new applications filed on or after that date.
Translation
The applicant will submit a translation of the non-English wording in the mark. 37 C.F.R. §2.61(b); TMEP §809. The translation shall read as follows: The English translation of LACIATE is SPECKELED.
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.
The applicant may wish to hire a trademark attorney because of the technicalities involved in the application. The Patent and Trademark Office cannot aid in the selection of an attorney. 37 C.F.R. §2.11.
/Brendan D. McCauley/
Brendan D. McCauley
Examining Attorney
Law Office 114
703-308-9114 X165
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.
Fee increase effective January 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.