UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

EXAMINER’S AMENDMENT/PRIORITY ACTION

 

OFFICE SEARCH:  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 704.02.   

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE.   This case will be given priority as an amended case if you respond to the requirements stated below within two months. 

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.

 

 

Serial Number 76/564634

 

EXAMINER'S AMENDMENT-EA

 

In accordance with the authorization granted by TMEP section 707.02, the application has been AMENDED as indicated below.  If the identification of goods or services has been amended, please note that any future amendments must be in accordance with 37 C.F.R. 2.71(a); TMEP section 1402.07(e).  Please advise the undersigned if there is an objection to the amendment.  

 

STANDARD CHARACTER DRAWING CLAIM

 

The following standard character drawing claim is added to the record:

 

The mark is presented in standard characters without claim to any particular font style, size, or color.

 

37 C.F.R. §2.52(a).

 

 

PRIORITY ACTION

 

This case will be given priority as an amended case if you respond to the requirements stated below within two months.

 

IDENTIFICATION AND CLASSIFICATION OF GOODS

 

The identification of goods is unacceptable as indefinite.  The term “snack bar” suggests a Class 29 or Class 30 food bar, but the term “for use as a meal replacement” suggests a Class 5 meal replacement good.  The applicant may adopt the following identification, if accurate.  TMEP §1402.01.

 

“Nutritional meal replacement bars, in International Class 5.”

 

“Protein based, nutrient-dense snack bars, in International Class 29.”

 

“Granola-based snack bars, in International Class 30.”

 

The applicant may want to consult The Acceptable Identification of Goods and Services Manual, published by the U.S. Patent and Trademark Office which is available on-line at www.gov.uspto.report/web/offices/tac/doc/gsmanual/.   As set forth in the TMEP, this manual "contains identifications of goods and services and their classifications that are acceptable in the Office without further inquiry by an examining attorney."  TMEP sec. 1402.04.

 

Please note that, while the identification of goods or services may be amended to clarify or limit the goods or services, adding to the goods or services or broadening the scope of the goods or services is not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, applicant may not amend the identification to include goods or services that are not within the scope of the goods or services set forth in the present identification.

 

COMBINED APPLICATION

 

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):

 

Applicant must list the goods and services by international class with the classes listed in ascending numerical order.  TMEP § 1403.01; and

 

Applicant must submit a filing fee for each international class of goods and services not covered by the fee already paid.  37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

 

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

 

/John M. Gartner/

Trademark Examining Attorney

Law Office 102

(703) 308-9102 ext. 134

(703) 746-8102 (fax)

 

 

 

 

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