Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

Serial Number   76/451726      

 

NOTICE OF SUSPENSION

 

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

 

Action on this application is suspended pending receipt of a true copy, a photocopy, a certification, or a certified copy of a foreign registration from the applicant's country of origin.  If the registration is in a foreign language, an English translation must be submitted. The true copy, photocopy, certification, or certified copy of the registration should be forwarded to the Examining Attorney as soon as possible.  If the foreign application is abandoned, the Examining Attorney should be advised.

 

Please note the following outstanding issues remain:

 

Identification of goods

The identification of goods is unacceptable as indefinite because “condiments” may be classified in different international classes.  Oils used as condiments are in International Class 29, while other condiments may be classified in International Class 30.  The applicant may adopt the following identification, if accurate: 

 

Machines for treatment and processing of cereal grains, namely, roller mills, sifters, and hammer mills; detached replacement parts and components for these machines, in International Class 7.

 

Condiments, namely, pepper oil, in International Class 29.

 

Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, namely, wheat flour and breakfast flakes, and flour and cell parts of wheat bran sold as an integral ingredient of condiments and sauces; bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt; mustard; vinegar, condiments, namely sauces; 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 “flour milling and flaking” is properly classified in International Class 40.  The applicant may adopt the following recitation, if accurate: 

 

Health and beauty care for people and animals, namely, wholesale and retail distributorships featuring enriched flour as flakes, enriched with cell parts of wheat bran, in International Class 35.

 

Services in the field of science and technology, namely, flour milling and flaking, in International Class 40.

 

Services in the field of science and technology, namely, research and development services relating to flour milling and flaking, and product processing research; industrial analyses and research in the field of design and development of computer programs; 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, cosmetic body care services as part of health spa services featuring enriched flour as flakes, enriched with cell parts of wheat bran; services in the field of agriculture, horticulture, and forestry, 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.  

 

 

 

/Eugenia K. Martin/

Eugenia K. Martin

Examining Attorney

Law Office 114

(703) 308-9114 x122

ecom114@uspto.gov

(703) 746-8114 (fax)