UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/470897
APPLICANT: Maxi Canada Inc.
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CORRESPONDENT ADDRESS: MEYER A GROSS SCHWEITZER CORNMAN GROSS & BONDELL LLP 292 MADISON AVENUE, 19TH FLOOR NEW YORK, NY 10017
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom111@uspto.gov
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MARK: YUMMY
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CORRESPONDENT’S REFERENCE/DOCKET NO: #0236-104T/M
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 76/470897
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.
The identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify the common commercial name of the goods. If there is no common commercial name, the applicant must describe the product and its intended uses. TMEP section 804.
The applicant may adopt the following identification, if accurate:
Chicken patties, chicken wings, shelf stable prepared meals made primarily of chicken, shelf stable ethnic meals made primarily of chicken, namely, chicken parmagiana, Spanish tortillas made with eggs and chicken, paella, chicken teriyaki, sechuan chicken and chicken satay in International Class 29; and/or.
Pasta products, namely, pasta filled with chicken in International Class 30.
The suggested identification is based on the applicant’s original identification of goods for the Section 1(b) portion of the application. If the suggested identifications are not accurate, please refer to the Acceptable Identification of Goods and Services Manual found at www.uspto.gov for additional listings of goods and services. If the applicant needs further assistance with acceptable wording, please contact the examining attorney.
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 or services that are not within the scope of goods or services 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.
If the applicant has any questions or needs assistance in responding to this office action, please contact the examining attorney.
/Dawn Feldman Lehker/
Trademark Attorney
United States Patent and Trademark Office
(703) 308-9111 ext. 132
F(703)746-6191
ecom111@uspto.gov
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.