UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

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  76/451726

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

No conflicting marks

The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

Significance of LEURON

The applicant must indicate what LEURON means and whether it has any significance in the relevant trade, any geographical significance or any meaning in a foreign language.  37 C.F.R. Section 2.61(b).

 

Identification of goods

The identification of goods is unacceptable as indefinite because it does not clearly identify all of the goods.  The applicant may adopt the following identification, if accurate: 

 

Machines for treatment and processing of cereal grains, namely, (the applicant must identify the specific machines by their common commercial name.  Please note that depending on the functions of the machines, they may be classified in different international classes.), detached parts and components for these machines, namely, (the applicant must identify the parts for these machines), in International Class 7.

 

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, namely, (the applicant must identify these preparations, such as cornmeal); bread, pastry and confectionery, namely, (the applicant must identify the confectionery), ices; honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces and condiments, namely, (the applicant must identify the specific sauces and condiments because some are classified in International Class 29.); spices; ice, in International Class 30. 

 

TMEP §1402.01.

 

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 or services that are not within the scope of the goods and services recited in the present identification.

 

Recitation of services 

The recitation of services is unacceptable as indefinite because it does not clearly identify all of the services and may include services classified in different international classes.  The applicant may adopt the following recitation, if accurate: 

 

Services in the field of science and technology, namely, (the applicant must identify the specific services provided, in order to determine the proper classification), as well as research and development services relating to these, namely, (the applicant must identify the type of research and development services in order to determine the proper classification); industrial analyses and research in the field of (the applicant must identify the field of research in order to determine the proper classification); design and development of computers and computer programs; legal advice and representation, in International Class 42.

 

Services of a doctor; services of a veterinarian; health and beauty care for people and animals, namely, (the applicant must identify the specific services); services in the field of agriculture, horticulture, and forestry, namely, (the applicant must identify the specific services in order to determine the proper classification), in International Class 44. 

 

TMEP §1402.11.

 

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 services that are not within the scope of the services recited in the present identification.

 

Additional classes

The application identifies goods and services that may be classified in several international classes.  Therefore, the applicant must either:  (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es).  37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01. 

 

Effective January 10, 2000, the fee for filing a trademark application is $325 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  37 C.F.R. §2.6(a)(1). 

 

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 10, 2000, the fee for filing a trademark application is $325 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.  

 

Foreign registration required

An application under Trademark Act Section 44(e), 15 U.S.C. §1126(e), must include a certification or certified copy of a foreign registration from the applicant’s country of origin.  The applicant’s country of origin must either be a party to a convention or treaty relating to trademarks to which the United States is also a party,  or must extend reciprocal registration rights to nationals of the United States by law.  See TMEP §§1002.01 and 1004.

 

The application does not contain the certified copy.  Therefore, the applicant must submit a certification or certified copy of the foreign registration.  If the foreign certificate of registration is not written in English, the applicant must provide an English translation.  The translator should sign the translation.  See TMEP §§1004.01 and 1004.01(b).

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

/Eugenia K. Martin/

Eugenia K. Martin

Examining Attorney

Law Office 114

(703) 308-9114 x122

ecom114@uspto.gov

(703) 746-8114 (fax)

 

 

 

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.