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  76/495054

 

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

 

 

SEARCH    TMEP §704.02   The trademark 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). 

 

IDENTIFICATION & CLASSIFICATION  OF GOODS 

TMEP sections 1402 and 1402.03(a)     In an identification of goods, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases.  If the applicant chooses to use indefinite terms, such as "accessories," “and/or,” "components," "devices," “etc.,” "equipment," “including,” "materials," "parts," "systems" and "products," then those words must be followed by the word "namely" and the goods listed by their common commercial names. 

 

The wording “fruit sauces” in the identification of goods is unacceptable as indefinite.

For example, if accurate, the applicant may amend this wording to:

 

• Fruits sauces in the nature of a fruit toppings, in International Class 029;
• Apple sauce in International Class 029;  Cranberry sauces in International Class 029

 

 

Tomato sauce is in International Class 030, not 029

 

The remainder of the submitted identification is acceptable:

jams, nut butters, fruit spreads, cheeses, soy-based and rice-based food beverages used as a milk substitute, hot dogs, frozen boxed dinners consisting primarily of meat, fish, poultry or vegetables;  soups, potato and fruit-based snack foods, potato and fruit-based chips, tomato paste, chili, frozen potato dishes, dried fruit, processed nuts, trail snack mix consisting primarily of processed fruits, milk, cream cheese, yogurt, processed vegetables and processed fruits in International Class 029.

 

 

 

POTENTIAL MULTI-CLASS APPLICATION  

The application identifies goods that may be classified in several international classes.  Therefor, 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. 

 

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.  The fee for filing a trademark application is $335 for each class. 

 

 

 

DISCLAIMER    The applicant must disclaim the descriptive wording "Kids" and “Organic” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a).  The wording is merely descriptive because the goods are presumed to be organic and designed/marketed to children.

 

The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer.   TMEP section 1213.08 et seq.  A properly worded disclaimer should read as follows:

 

No claim is made to the exclusive right to use “KIDS” and “ORGANIC” apart from the mark as shown.

 

See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).

 

 

A disclaimer does not remove the disclaimed matter from the mark.  It is simply a statement that the applicant does not claim exclusive rights in the disclaimed wording or design apart from the mark as shown in the drawing.

 

 

/leb/  Linda E. Blohm,  Trademark Examining Attorney

Ecom110@uspto.gov (the law office email address for OFFICIAL responses ONLY)

703.308.9110 ext.130,   Law Office 110 Facsimile 703.746.8110

 

 

 

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.