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  76/529027

 

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. Section 1052(d).  TMEP section 1105.01. 

 

IDENTIFICATION AND CLASSIFICATION OF GOODS

 

The identification of goods is unacceptable as indefinite because the applicant must clarify the wording to clearly and specifically identify the goods.  Further, the applicant has identified goods that are classified in more than one international classification.  The applicant may adopt the following identification, if accurate:   TMEP section 804.

 

Kitchen hand tools and implements; namely, non-electric food choppers and food processors, non-electric peelers, mandolines, shears, and zesters, nutcrackers not of precious metal, in International Class 008.

 

Food timers with attachable clips, measuring cups; measuring spoons; wine thermometers not for medical use, in International Class 009.

 

Nutcrackers of precious metal, in International Class 014.

 

Rubber bottle stoppers, namely,  wine stoppers and wine toppers for keeping air out of wine bottles, in International Class 017.

 

Kitchen utensils, namely, corkscrews; egg piercers; egg toppers for opening soft-boiled eggs; foil cutters for wine bottles; garlic presses; graters; grated cheese dispensers for grating, dispensing and storing foods; grating drums; herb mills; ice cream scoopers; kitchen ladles; mixing spoons; non-electric fruit juicers; non-electric jar and bottle openers; plastic seafood crackers for cracking lobster claws; pasta servers; potato mashers; pizza wheels; salad spinners; serving ladles; shakers for mixing drinks, salad dressings and sauces; skimmers; spatulas; turners; whisks, in International Class 021.

 

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 804.09.  Therefore, the applicant may not amend to include any goods that are not within the scope of the goods recited in the present identification.

CLASSIFICATION - COMBINED APPLICATIONS

 

The application identifies goods that may be classified in several international classes, however, the applicant has submitted a fee sufficient for only one International Class.  Therefore, the applicant must either:  (1) restrict the application to the number of classes covered by the fee already paid, or (2) pay the required fee for each additional class.  37 C.F.R. Section 2.86(a)(2); TMEP sections 810.01 and 1113.01  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 section 1113.01.
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. Sections 2.6(a)(1) and 2.86(b); TMEP sections 810.01 and 1113.01.

 

RESPONSE GUIDELINES

 

No set form is required for response to this Office action.  The applicant may respond via fax, electronic mail or traditional mail.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response. For an electronic response, the applicant may sign the response electronically (example:  /john smith/ ).  See 37 CFR §1.4(d)(1)(iii); TMEP §804.05.

 

If the applicant has any questions regarding the status of the application, it may call the Trademark Status Line at (703) 305-8747. 

 

 

Cheryl Clayton/cac/

Examining Attorney

Law Office 102

703-308-9102 ext. 233

email:  ecom102@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.