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  76/526169 – SPELTMAN

 

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

SEARCH OF OFFICE RECORDS

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.

IDENTIFICATION AND CLASSIFICATION OF GOODS

The identification of goods is unacceptable as indefinite and includes goods which have been incorrectly classified.  TMEP section 1402.01.  The applicant must amend the identification to clarify the exact nature of the goods and to classify the goods correctly. 

 

The applicant is encouraged to use the Trademark Acceptable Identification of Goods and Services Manual as a reference in amending the identification and classification of goods.  This resource can be found at http://atlas/netahtml/tidm.html.

The applicant may adopt the following identification, if accurate:

 

[§1(b)]: Jerky; protein [specify, e.g., potato, soy, yucca] chips, in INT. CLASS 29.

 

[§1(b)]: Donuts; tortillas; protein [specify, e.g., flour-based, grain-based, corn, tortilla] chips, in INT. CLASS 30.

 

[§1(a)]: Processed foods, namely, pretzels, bread sticks, sesame bread sticks, in INT. CLASS 30.

 

If the applicant adopts the suggested amendment to the identification of goods and prosecutes this application as a combined, or multiple‑class, application, the applicant must amend the classification to International Classes 29 and 30.  In this case, the applicant must also 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.  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.  

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 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.

 

TELEPHONE FOR ASSISTANCE

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

 

 

/Alicia P. Collins/

Trademark Examining Attorney

Law Office 115

(703) 308-9115 ext. 486

(703) 872-9217 (fax)

ecom115@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.

 

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.