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  76/561688

 

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. Section 1052(d).  TMEP section 1105.01.

 

IDENTIFICATION OF GOODS

 

The applicant must clarify the class 7 and 11 identification of goods by moving the following class 7 goods to class 11, “electric   popcorn poppers,  electric sandwich makers”.

  TMEP section 804.Therefore, they should read:

 

IC 007: ELECTRIC BLENDERS, ELECTRIC FOOD PROCESSORS, ELECTRIC STAND MIXERS, ELECTRIC HAND MIXERS, ELECTRIC FOOD CHOPPERS, ELECTRIC CAN OPENERS, ELECTRIC BREAD MAKING MACHINES, ELECTRIC JUICERS, ELECTRIC JUICE EXTRACTORS,  ELECTRIC COFFEE GRINDERS, ELECTRIC KNIFE SHARPENERS/CAN OPENERS

        IC 011: ELECTRIC TOASTERS, ELECTRIC TOASTER OVENS, ELECTRIC CONVECTION OVENS, ELECTRIC ROTISSERIES, ELECTRIC GRILLS, ELECTRIC SKILLETS, ELECTRIC SLOW COOKERS, ELECTRIC BARBECUES, ELECTRIC DEEP FRYERS, ELECTRIC WAFFLE IRONS, ELECTRIC RICE COOKERS, ELECTRIC GRIDDLES, ELECTRIC COFFEE MAKERS, ELECTRIC COFFEE SERVING URNS, ELECTRIC EGG MAKERS; ELECTRIC POPCORN POPPERS, ELECTRIC SANDWICH MAKERS

 

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(b); TMEP section 804.09.  Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.

 

TRANSLATION

 

The applicant must submit an English translation of the mark.  37 C.F.R. Section 2.61(b); TMEP section 809.

 

The translation statement should read:   The English translation of NOUVEAU is new.

 

DISCLAIMER

 

The applicant must disclaim the descriptive wording "CUISINE" apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.02(a).  The wording is merely descriptive because it refers to what the goods make, when used.

 

The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer.   TMEP section 1213.09(a)(i).  A properly worded disclaimer should read as follows:

 

            No claim is made to the exclusive right to use CUISINE apart from the mark as shown.

 

See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).

 

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.  In addition to the identifying information required at the beginning of this letter, the applicant should always provide a telephone number to speed up further processing.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Linda E. B.  Mickleburgh

/lebm/

Examining Attorney

Law Office 106

703-308-9106 x222

 

 

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 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.