Offc Action Outgoing

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  76/453397

 

 

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

 

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. Section 1052(d).  TMEP section 1105.01

 

 

INFORMALITIES

The applicant must respond to the following informalities.

 

1.   IDENTIFICATION OF GOODS -UNACCEPTABLE:

The  identification of goods is indefinite because the applicant uses the wording "beverages, spirits."  The identification of goods must be specific. The applicant must amend the identification to specify the common commercial name of the goods or to indicate their nature.  The identification must be all‑inclusive. The applicant should amend the identification to replace this wording with "namely." Also, the identification of goods is too broad because it could include goods classified in other classes. The applicant may amend the identification to substitute the following wording, if accurate:  “Alcoholic beverages, namely, [specify the goods, i.e., beer, beer-based coolers, malt liquor, malt beer],” in International Class 032;

 

“Alcoholic beverages, namely, [specify the goods, i.e., gin, vodka, wine], liqueurs and distilled spirits,”  in International Class 033.   37 C.F.R. Section 2.71(a); TMEP sections 804 and 804.08(c). [1]

 

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. Section 2.71(a); TMEP section 804.09.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth  in the present identification.

 

Additionally note that, depending on the decision of the identification of goods the classification of the goods may change.

 

2.   REQUIREMENTS FOR COMBINED APPLICATION:

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 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 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.  

 

 

 

 

 

Darryl M. Spruill

Trademark Attorney

Law Office 101

(703) 308-9101, Ext. 170

darryl.spruill@uspto.gov

/Darryl M. Spruill/

 

 

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.