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  76/567767

 

The assigned examining attorney has reviewed the 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 bars registration under Trademark Act §2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

However, the applicant must respond to the following.

 

1.         Identification (and classification) of goods/services.

The identification of goods/services is unacceptable as indefinite or overbroad.  TMEP §1402.01.  The applicant may adopt the following identification (and classification), if accurate:

use:

Class 29––jerky

intent-to-use:

Class 29––preserved truffles; hot dogs, steaks, lamb chops, pork chops, veal chops, hamburgers, chicken

Class 30––[specify popped or processed or unpopped] popcorn; candy, chocolate, chocolate truffles; hot dog sandwiches, hamburger sandwiches

Class 31––[specify raw] popcorn; freshtruffles

Class 32––spring water

This Office’s Acceptable Identification of Goods & Services Manual is accessible at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/manual.html (searchable using Ctrl+F).  The applicant should also 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/services that are not within the scope of the goods/services set forth in the present identification.

 

2.         Fee.

If the applicant prosecutes this application as a multiple- (rather than as a single-) class application, the applicant must comply with each of the following:

(a)  The applicant must specifically identify the goods/services in each class and list the goods/services by international class in ascending numerical order.  TMEP §1403.01.

(b)  The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid.  37 C.F.R. §§2.6(a)(1) and 2.86(b); TMEP §§810.01 and 1403.01.  Effective January 1, 2003, the fee for filing a trademark application is $335 for each class.  This applies to classes added to pending applications as well as to new applications filed on or after that date.

(c)  The applicant must ensure that it makes (or has made) of-record herein: 

(i) dates of first use anywhere and first use in commerce and one specimen for each class that includes goods or services based on use in commerce under Trademark Act §1(a).  The dates of use must be at least as early as the filing date of this application, 37 C.F.R. §§2.34(a)(1) and 2.86(a), and the specimen(s) must have been in use in commerce at least as early as the filing date of the application, and/or

(ii) a statement of a bona fide intention to use the mark in commerce on or in connection with all the goods or services specified in each class that includes goods or services based on a bona fide intention to use the mark in commerce under Trademark Act §1(b), where such statement was not included for the goods or services in the original application.

(d)  To verify (c), the applicant must ensure that it makes (or has made) of-record herein a declaration* under 37 C.F.R. §2.20 or an affidavit.  37 C.F.R. §§2.59(a) and 2.71(c).

Note:  The applicant’s specimens and dates-of-use for its use-based goods are acceptable, so only the fee ((b) above) requirement need be satisfied.

 

3.          Prior registration.

The applicant must submit the following statement:

The applicant is the owner of U.S. Registration No. 2823034.

See Appendix hereto.

 

•           Responding to this Office Action.

To respond formally using the Office’s online Trademark Electronic Application System (TEAS), the applicant should use the “Form Wizard” at http://eteas.gov.uspto.report/V2.0/oa200/WIZARD.htm.

To respond formally via regular mail, the applicant should mail, to the Return Address listed above, correspondence bearing the serial number, law office, and examining attorney’s name on the upper right corner of each page. 

To check the status of an application at any time, the applicant is strongly encouraged to visit the Office’s online Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.  For general and other useful information about trademarks, the applicant may visit the Office’s official Web site at http://www.gov.uspto.report/main/trademarks.htm.  For inquiries or questions about this Office Action, the applicant should contact the assigned Examining Attorney.

/J. Brendan Regan/

Examining Attorney, Law Office 113

(703) 308-9113x420 • brendan.regan@uspto.gov

 

 

 

                                                    APPENDIX TO OFFICE ACTION

Mark [design omitted here]
        CHUBBY'S CHECKERBAR
Pseudo Mark
        CHUBBY'S CHECKER BAR
Goods and Services
        IC 030. US 046. G & S: ALTERNATING MILK AND WHITE CHOCOLATE CHECKERBOARD CANDY BARS. FIRST USE: 20020102. USED IN ANOTHER FORM 1953. FIRST USE IN COMMERCE: 20020401
Mark Drawing Code
        (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Code
        200104
Serial Number
        78126677
Filing Date
        May 6, 2002
Current Filing Basis
        1A
Original Filing Basis
        1A
Publication for Opposition Date
        December 23, 2003
Registration Number
        2823034
Registration Date
        March 16, 2004
Owner Name and Address
        (REGISTRANT) The Last Twist, Inc. CORPORATION PENNSYLVANIA 320 Fayette Street 2nd Floor Conshohocken PENNSYLVANIA 19428
Prior Registration(s)
        2152510
Type of Mark
        TRADEMARK
Register
        PRINCIPAL
Other Data
        The name "CHUBBY CHECKER" identifies a living individual whose consent is of record.
Live Dead Indicator
        LIVE