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  76/564942

 

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.

 

Entity Omitted

Applicant must specify what type of entity is applying, e.g., an individual, partnership, corporation or joint venture.  37 C.F.R. §2.32(a)(3); TMEP §§803.03 et seq.

 

Identification of Goods

The wording “including; athletic wear; herbs; tea-based beverages and fortified water” in the identification of goods is unacceptable as indefinite.  The applicant must amend the identification to specify the commercial name of the goods.  If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.  The applicant may amend this wording to:  Nutritionally fortified water, in Class 5;

 

Clothing and athletic wear, namely, shirts, sweat shirts, caps, hats, jackets and aprons, in Class 25;

 

Foods, namely, tea, processed herbs, herbal teal, herbal iced tea, iced tea, tea-based beverages with fruit flavoring, loose tea, tea bags, coffee, espresso, ice cream, gelato, frozen custard and frozen yogurt, in Class 30; AND

 

Water, namely, mineral water, aerated water and spring water, in Class 32, if accurate.  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.

 

The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and services:

 

http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

 

Recitation of Services

The wording “including; kiosks serving tea and portable vending of tea and coffee” in the recitation of services is unacceptable as indefinite.  The applicant must amend the recitation to specify the common commercial name of the services or to indicate their nature.  TMEP §1402.11.  The applicant may amend this wording to:  Food kiosk services featuring coffee and tea and Vending in the field of coffee and tea,” in Class 35; AND “Tea service facilities, namely, restaurants, coffee shops and tea houses,” in Class 43, if accurate.  TMEP §1402.11.

 

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 services that are not within the scope of services set forth in the present identification.

 

The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and services:

 

http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

 

Additional Classes

The application identifies goods and services that may be classified in six international classes but the applicant has only paid for four classes.  Therefore, the applicant must either:  (1) restrict the application to the number of class(es) covered by the fee already paid, or (2) pay the required fee for each additional class(es).  37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01. 

 

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

 

 

/Giancarlo Castro/

Examining Attorney

Law Office 110

703-308-9110(ext. 290)

 

 

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.