UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/564942
APPLICANT: Hansen, Chris
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*76564942* |
CORRESPONDENT ADDRESS: EDWARD H. GREEN III COATS & BENNETT P.L.L.C. 1400 CRESCENT GREEN STE 300 CARY NC 27511-8118
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: LUSCIOUS LEAVES
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/564942
The assigned examining attorney has reviewed the referenced application and the applicant’s response dated July 19, 2004 and determined the following.
The applicant’s identification of goods in Class 25 is acceptable as amended.
The wording “herbs 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;
Foods, namely, tea, processed herbs, herbal tea, herbal iced tea, iced tea, flavored tea beverages, 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/
The applicant’s classification of fortified water into class 32 does not comply with the Trademark Office’s identification manual. The goods found in class 32 do not include all types of drinking water as indicated by the presence of nutritionally fortified water in Class 5.
The wording “coffee kiosks and tea kiosks” 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, in Class 35; AND
Tea service facilities, namely, restaurants, coffee shops and teahouses, 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/
Ultimately, the decision as to the proper classification of goods or services is a purely administrative matter within the sole discretion of the United States Patent and Trademark Office. In re Tee-Pak inc., 164 USPQ 88 (TTAB 1969).
The application identifies goods and services that may be classified in six different 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.
This requirement is final.
Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. §2.64(a). If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. §2.65(a).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
NOTICE: TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER 2004
The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004. Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.
/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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.