UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/515995
APPLICANT: Mary Toth and Patrick Schack Partnership
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CORRESPONDENT ADDRESS: EDWIN H. CRABTREE PATENT ATTORNEY 3773 CHERRY CREEK NORTH DRIVE SUITE 575 DENVER, COLORADO 80209 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom112@uspto.gov
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MARK: GINGERBREAD HOUSE
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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 76/515995
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. §1052(d). TMEP §704.02.
DESCRIPTIVE—SECTION 2(e)(1)
The examining attorney refuses registration on the Principal Register because the proposed mark is merely descriptive of the identified goods. Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1); TMEP section 1209 et seq.
A mark is merely descriptive under Trademark Act Section 2(e)(1), 15 U.S.C. 1052(e)(1), if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant goods. In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987); In re Bed & Breakfast Registry, 791 F.2d 157, 229 USPQ 818 (Fed. Cir. 1986); In re MetPath Inc., 223 USPQ 88 (TTAB 1984); In re Bright‑Crest, Ltd., 204 USPQ 591 (TTAB 1979); TMEP section 1209.01(b).
Applicant seeks registration of the mark GINGERBREAD HOUSE for “GIFT BASKETS HOLDING BAKED BREAD, PASTRY, CONFECTIONERY and OTHER BAKED FOOD ITEMS.” The proposed mark is descriptive of the goods. The term "GINGERBREAD HOUSE" is a descriptive designation used to describe a type of pastry. The examining attorney directs the applicant’s attention to the attached Nexis/Lexis excerpts which evidence the descriptiveness of the wording GINGERBREAD HOUSE.
Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.
If the applicant chooses to respond to the refusal to register, the applicant must also respond to the following informalities.
The applicant must indicate whether the applicant’s gift baskets includes or will be used to create GINGERBREAD HOUSES. 37 C.F.R. §2.61(b).
The identification of goods is unacceptable as indefinite because the applicant must specify the type of confectionery and other baked food items using common commercial terms. The applicant may adopt the following identification, if accurate:
GIFT BASKETS HOLDING BAKED BREAD, PASTRY, CONFECTIONERY and OTHER BAKED FOOD ITEMS, __(namely, specify type of confectionery and baked food items, e.g. confectionery chips for baking, gingerbread).
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.
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.
The applicant must amend the preamble of the application to identify the applicant as follows, if accurate: _____________, a partnership organized under the laws of _____________, composed of ________________.” The applicant must list all general partners and their national citizenship or the state or country of their organization or incorporation, as appropriate. 37 C.F.R. §2.32(a)(3)(iii); TMEP §§803.03(b) and 803.04.
RESPONSE GUIDELINES
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. Please note that all electronic communications must be signed using the "/name/" format. TMEP section 710.03(c).
Applicants may now respond formally using the Office’s Trademark Electronic Application System (TEAS) at http://www.gov.uspto.report/teas/index.html. When using TEAS the data the applicant submits is directly uploaded into the Office’s database, which reduces the time it takes to process the applicant’s response, while also eliminating the possibility of data entry errors by the Office. Applicants are strongly encouraged to use TEAS to respond to office actions.
PLEASE NOTE: Because it delays processing, submission of duplicate papers is discouraged. Unless specifically requested to do so by the Office, parties should not mail follow up copies of documents transmitted electronically or by fax. TMEP 306.04; Cf. ITC Entertainment Group Ltd. V. Nintendo of America Inc. 45 USPQ2d 2021 (TTAB 1998).
//jmb//
Josette M. Beverly
Trademark Attorney
Law Office 112
(703) 308-9112 x. 154
(703) 746-8112 (fax)
http://www.gov.uspto.report/teas/index.html (file responses)
josette.beverly@uspto.gov (submit questions only)
Please note: All electronic communications must be signed using the "/name/" format. TMEP section 710.03(c).
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.
NEXIS/LEXIS
****************************099191******************************
MAIL-IT REQUESTED: SEPTEMBER 30, 2003 10083K
CLIENT:
LIBRARY: NEWS
FILE: USPAPR
YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:
GINGERBREAD HOUSE W/10 BAKE!
NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:
LEVEL 1... 640
LEVEL 1 PRINTED
THE SELECTED STORY NUMBERS:
1-2,6-7,13,15,17,20
DISPLAY FORMAT: 40 VAR KWIC
Copyright 2003 The Pantagraph
The Pantagraph (Bloomington, IL)
September 17, 2003, Wednesday
SECTION: Focus; Pg. D3
LENGTH: 676 words
HEADLINE: A great year for apple recipes
BYLINE: Nancy Gordon
BODY:
... Sprinkle with reserved crumb topping.
Bake at 350 degrees for about 35 minutes until golden brown and wooden pick inserted in center comes out clean. Makes 24 servings.
(Recipes from Michigan Apple Committee.)
Conversation
Members of the Baby Fold's Festival of Trees 2003 committee is looking for bakers and decorators to bake gingerbread houses for the "Visions of Sugar Plums," event -- a great theme for a gingerbread village. All talent levels are encouraged to bake and donate their houses to the festival. The houses will be on display and then a silent auction will help raise funds for the children of the Baby Fold. The festival will be Nov. 19-23 ...
Copyright 2003 The Washington Post
The Washington Post
August 27, 2003, Wednesday, Final Edition
Correction Appended
SECTION: FOOD; Pg. F08
LENGTH: 10206 words
HEADLINE: Cooking Classes
BODY:
... for 4. Maximum 15 students. Mazza Gallerie, 5300 Wisconsin Ave. NW.
GINGERBREAD HOUSES
(Many pastry schools and community programs also offer gingerbread-house courses.)
* ABC SugarArt
B. Keith Ryder, 703-823-9100
info£abcsugarart.com
www.abcsugarart.com
4th year. Demonstration/participation. Bake, assemble and decorate a gingerbread house; illumination optional. $50 per 2-session class plus supplies. 356 S. Pickett St. Alexandria. 22304. (Also see listing under Baking and Desserts)
* Creative Cakes, Inc.
Nancie B. Cameron, 301-587-1599
www.creativecakes.com
22nd year. Participation. Design and decorate a unique holiday ...
CORRECTION-DATE: September 3, 2003
CORRECTION: Last week's list of area cooking classes included incorrect information for DC Coast; the following information is correct: Nov. 8: Harvest cooking class with wine pairings by chef Jeff Tunks. 11 a.m.-1 p.m. $65 per person. Dec. 13: Children's holiday baking class with pastry chef David Guas. 11 a.m.-1 p.m. $50 per child with parent, 8 years and older. Both classes take place at the restaurant at 1401 K St. NW. For reservations, call 800-496-1733.
Copyright 2003 Newsday, Inc.
Newsday (New York)
May 25, 2003 Sunday HEMSTEAD EAST EDITION
SECTION: LI LIFE,
Pg. G29
LENGTH: 1082 words
HEADLINE: Corporate Scholars Announced
BYLINE: Mary Ellen Pereira
BODY:
... Society. He is a member of the All-State Symphony Orchestra.
SPRACHFEST. Middle and high school students of German gathered at Smithtown Middle School recently for a Sprachfest. The students participated in events such as vocal and instrumental performances of German, Austrian or Swiss composers, and German language spelling bees, geography bees and Scrabble. They also baked cookies and cakes using German recipes, and created gingerbread houses. Participating schools included Chaminade High School, Mineola; Farmingdale High School; Garden City Middle School and High School; Hauppauge Middle School and High School; Hicksville Middle School and High School; Lindenhurst High School; Northport Middle School and High School; Rocky Point Middle School and High School; ...
Copyright 2003 Newsday, Inc.
Newsday (New York)
May 25, 2003 Sunday NORTH HEMPSTEAD EDITION
SECTION: LI LIFE,
Pg. G29
LENGTH: 1103 words
HEADLINE: Corporate Scholars Announced
BYLINE: Mary Ellen Pereira
BODY:
... Society. He is a member of the All-State Symphony Orchestra.
SPRACHFEST. Middle and high school students of German gathered at Smithtown Middle School recently for a Sprachfest. The students participated in events such as vocal and instrumental performances of German, Austrian or Swiss composers, and German language spelling bees, geography bees and Scrabble. They also baked cookies and cakes using German recipes, and created gingerbread houses. Participating schools included Chaminade High School, Mineola; Farmingdale High School; Garden City middle and high schools; Hauppauge middle and high schools; Hicksville middle and high schools; Lindenhurst High School; Northport middle and high schools; Rocky Point middle and high schools; Paul J. Gelinas Junior High ...
Copyright 2003 P.G. Publishing Co.
Pittsburgh Post-Gazette (Pennsylvania)
January 19, 2003 Sunday WASHINGTON EDITION
SECTION: METRO,
Pg.W-2
HE SAID, SHE SAID
LENGTH: 1019 words
HEADLINE: FRIGHTENING FAIRY TALES
BYLINE: L. WAYNE MOSS AND DONNA AND EVE SHAVATT
BODY:
... prepared for an entry into a world full of weirdoes.
And a father who is nuts.
She said...
Now that you mention it, nursery rhymes are pretty scary. In Hansel and Gretel, as usual, the guy won't ask for directions and they end up lost in the woods. They're hungry, so they eat part of a gingerbread house. Then the witch of an owner tries to bake them in the oven. If there's a moral to this story, maybe it's take a compass and pack a lunch so you don't get the urge to eat sweets on the road.
Most fairytales seem to set little girls up for a big disappointment. In "Goldilocks and the Three Bears," kids are taught that if you have a little ...
Copyright 2002 Albuquerque Journal
Albuquerque Journal (New Mexico)
December 29, 2002 Sunday
SECTION: FINAL; Pg. E4
LENGTH: 356 words
HEADLINE: It takes a village
BYLINE: Barbara Chavez Journal Staff Writer
BODY:
... Owl Cafe, annually raffles off the gingerbread village, house by house. Then, she donates all the money to various charities. This year, the 18 houses in the village were raffled off Dec. 22, raising $1,700 for Carrie Tingley Hospital.
Shook has held the raffle since 1994.
And she doesn't just order kits for her gingerbread houses. She bakes the gingerbread, designs the village and builds each house. She figures the process takes two months before it is ready to be displayed.
"We love doing this because it's a project we stand behind 100 percent, from the houses that Vicki makes to the way we display them at the restaurant," said Martin.
All the Owl Cafe employees get behind the project.
"The ...
Copyright 2002 News World Communications, Inc.
The Washington Times
December 24, 2002, Tuesday, Final Edition
SECTION: LIFE - HOME; Pg. B01
LENGTH: 1295 words
HEADLINE: Home sweet home;
Gingerbread houses truly constructed in good taste
BYLINE: By Jen Waters, THE WASHINGTON TIMES
BODY:
Susan Smith, manager of the Heidelberg Pastry Shop in Arlington, is surrounded by sugar and spice. With the holiday season at hand, she says the demand for sweets, especially gingerbread houses, is at its peak.
She says pastry chefs at the bakery begin designing the handmade creations around Thanksgiving. The miniature houses, which cost $49.50, are about 10 inches tall and 12 inches wide, with an assortment of candy used for decorations. Although the houses contain a few plastic pieces, most of the features are edible.
"It's a child's biggest fantasy to take a ...
GRAPHIC:
... in Arlington, constructs a gingerbread house, a holiday favorite. Dilma Tarqui, a pastry chef at Mr. Buchler's shop, makes her own mouthwatering version of a house. [2 Photos by Janine Sides/The Washington Times]; Pastry chef Christie Bach stands in the doorway of the walk-in gingerbread house she and other staff members baked and built at the Fairmont Washington Hotel. [Photo by Bert V. Goulait/The Washington Times]
Copyright 2002 Daily Town Talk (Alexandria, LA)
All Rights Reserved
Daily Town Talk (Alexandria, LA)
December 21, 2002 Saturday
SECTION: NEWS; Pg. 4A
LENGTH: 684 words
HEADLINE: DOWNTOWN PARTY
BYLINE: Suzan Manuel, Staff, smanuel£thetowntalk.com
BODY:
Inside the downtown mini-park, booths from organizations across Alexandria drew in visitors.
Ashlynn Lueder, 9, of Pineville, stopped by the Atwood Bakery booth to decorate her own gingerbread house.
For $10, children were given a pre-assembled gingerbread house, icing and a bag of candy. The children had 30 minutes to decorate their house, and then they could take their masterpieces home.
Lueder said she wanted to make her own house because "It's something big and it's fun. You get to pick what you do on your own house."
Girl scout ...
GRAPHIC:
... place on the river levee for the Aaron Neville concert and fireworks show. - Douglas Collier, The Town Talk; Lindsey Bennett sings the "Interjection Song" from "School House Rock" with other members of the Family Playhouse backing her up during Friday's celebration. - Douglas Collier, The Town Talk; Cole Debevec of Woodworth decorates a gingerbread house at the Atwood's Bakery booth at the downtown festival Friday night. - Douglas Collier, The Town Talk