UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/499149
APPLICANT: Moonshine, Inc.
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CORRESPONDENT ADDRESS: BRIAN M. MATTSON, ESQ. PATENTS+TMS 1914 NORTH MILWAUKEE AVENUE CHICAGO, IL 60647
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
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MARK: SPEAK EASY
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CORRESPONDENT’S REFERENCE/DOCKET NO: JAZ-T-03-001
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 76/499149
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
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.
However, the examining attorney encloses information regarding pending Application Serial Nos. 75599359, 75652642, and 75654052. The filing date of the referenced application precedes the applicant’s filing date. There may be a likelihood of confusion between the two marks under Trademark Act Section 2(d), 15 U.S.C. §1052(d). If the referenced application matures into a registration, the examining attorney may refuse registration in this case under Section 2(d). 37 C.F.R. §2.83; TMEP §1208.01.
Classification and Identification of Goods
The applicant has classified Brewery services in International Class 43. The correct classification is International Class 40. The applicant must either delete the item or add International Class 40 to the application. 37 C.F.R. §§2.32(a)(7) and 2.85; TMEP §1401.04(b).
Further, the wording “lounge services” in the identification of goods is unacceptable as indefinite. The applicant must amend the identification to specify the commercial name of the goods. If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.
The applicant may amend to adopt the following identifications, if accurate:
International Class 32: Beer
International Class 40: Brewery services
International Class 43: Cocktail lounges; cocktail lounge buffets
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.
Combined Applications
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.
A prompt response to this Office Action will expedite the handling of this matter. The applicant may submit its response as a reply to this email, addressed to: ecom112@uspto.gov, or by fax to 703.746.8112 (See instructions below for using the Office’s Trademark Electronic Application System (TEAS) to respond online), which allows you to fill out a form and check it for completeness over the internet.
/Gina C. Hayes/
Trademark Attorney
Law Office 112
(703) 308-9112, ext. 136
(703) 746-8112, 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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.