UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/513723
APPLICANT: WILLIAMS ETHANOL SERVICES, INC.
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CORRESPONDENT ADDRESS: BRIAN D. SIFF PENNIE & EDMONDS LLP 1155 AVENUE OF THE AMERICAS NEW YORK, NEW YORK 10036
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom108@uspto.gov
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MARK: AVENTINE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 11351-004-99
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 76/513723
The assigned examining attorney has reviewed the referenced application and determined the following.
Search Results
Although 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. §1052(d), the examining attorney encloses information regarding pending Application Serial No. 78/213190. 37 C.F.R. §2.83.
There may be a likelihood of confusion between the applicant’s mark and the mark in the above noted application under Section 2(d) of the Act. The filing date of the referenced application precedes the applicant’s filing date. If the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d). The applicant may narrow the scope of the goods identified in the application to avoid a refusal based on likelihood of confusion.
In the meantime, the applicant must respond to the following requirements.
Identification of Goods
The identification of goods is unacceptable as indefinite because it does not identify the field of use for the goods.
The applicant may adopt the following identification, if accurate:
International Class 1: PURE GASES AND MIXTURES THEREOF, NAMELY CARBON DIOXIDE AND ETHANOL [specify the field of use, e.g., for general industrial use, for use in agriculture]
TMEP §1402.01.
The identification of goods is unacceptable as indefinite and may contain more than one class of goods. The wording “non-nutritional additive consisting of yeast” is separated from the remainder of the identification by a semicolon and does not specify whether it is for animal use.
The applicant may adopt the following identification, if accurate:
International Class 31: ANIMAL FEED; CORN-BASED ANIMAL FEED ADDITIVES FOR NON-NUTRITIONAL PURPOSES; NON-NUTRITIONAL ANIMAL FEED ADDITIVES CONSISTING OF YEAST
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 that are not within the scope of goods set forth in the present identification.
Combined Applications
The application identifies goods that may be classified in more than two 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 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. 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 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.
Significance of Mark
The applicant must indicate whether “AVENTINE” has any significance in the relevant trade, any geographical significance, or any meaning in a foreign language. 37 C.F.R. §2.61(b).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Joanna Mateja/
Trademark Examining Attorney
Law Office 108
(703) 308-9108 ext. 249
for official responses: ecom108@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.