Offc Action Outgoing

FREEZ -EEZ

Nelson, David

Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

    SERIAL NO:           76/603116

 

    APPLICANT:         Nelson, David

 

 

        

*76603116*

    CORRESPONDENT ADDRESS:

  DAVID NELSON

  TECHNICAL DEVELOPMENT RESEARCH COMPANY

  84 LORD ST

  ATTLEBORO MA 02703-7705

 

RETURN ADDRESS: 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA 22313-1451

 

 

 

 

    MARK:       FREEZ-EEZ

 

 

 

    CORRESPONDENT’S REFERENCE/DOCKET NO:   N/A

 

    CORRESPONDENT EMAIL ADDRESS: 

 

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.

 

 

 

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  76/603116

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

Search of Office Records

 

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

Multiple Class Application

 

Applicant must clarify the number of classes for which registration is sought.  The submitted filing fees are insufficient to cover all the classes in the application.  Specifically, the application identifies goods that are classified in at least two international classes, however applicant paid the fee for only one class.

 

Applicant must either: (1) restrict the application to the number of classes covered by the fee already paid, or (2) pay the required fee for each additional class.  37 C.F.R. §2.86(a)(2); TMEP §§810.0l, 1401.04, 1401.04(b) and 1403.01.

 

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

 

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

 

(2) Applicant must submit a filing fee for each international class of goods not covered by the

     fee already paid.  37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

 

Identification and Classification of Goods

 

The wording in the identification of goods needs clarification because it is unacceptable as indefinite.  The wording “foods and food service goods” is unacceptable as indefinite.  Applicant must specify the common commercial or generic name for the goods.  If there is no common commercial or generic name, then applicant must describe the product and intended consumer as well as its main purpose and intended uses.  TMEP §1402.01.  Applicant may change this wording to the following, if accurate: 

 

Drinking straws.  International Class 020. 

 

Dishware, namely, cups, bowls, drinking glasses, and thermal insulated containers for food and beverages.  International Class 021. 

 

Foods, namely, ____ [specify common commercial name of goods].  International Class ___ [class depends on type of goods]. 

 

Food service goods, namely, ____ [specify common commercial name of goods].  International Class ___ [class depends on type of goods]. 

 

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

 

For assistance with identifying goods in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services.

 

http://tess2.gov.uspto.report/netahtml/tidm.html.

 

Drawing Page

 

Applicant must clarify whether the gray tones in the drawing are intended to indicate the color gray.

 

(1)   If the color gray is a feature of the mark, then applicant must submit a color claim and description as follows:  “The color gray is a feature of the mark.  The color gray appears in ____ [specify where color gray appears, e.g. the outline of the ice cubes, in the word “FREEZ” and inside the bottom of the word “-EEZ”].”  37 C.F.R. §§2.52(b) and (b)(1).

 

(2)   If the color gray is intended to indicate shading only, then applicant must submit a new drawing showing the mark in black and white only, with the gray tones deleted.

 

If a substitute drawing is prepared with stippling to indicate shading, then the applicant must insert a statement to that effect.  37 C.F.R. §2.37; TMEP §807.09(e).  The statement may read as follows:  The stippling is for shading purposes only and does not indicate color.

 

The requirements for a special-form drawing are as follows:

 

·        The drawing must appear in black and white if color is not claimed as a feature of the mark, or in color if color is claimed as a feature of the mark.

 

·        Drawings must be typed or made with a pen or by a process that will provide high definition when copied.  A photolithographic, printer’s proof copy, or other high quality reproduction of the mark may be used.  All lines must be clean, sharp and solid, and must not be fine or crowded.

 

·        The image must be no larger than 3.15 inches (8 cm) high by 3.15 inches (8cm) wide.

 

·        If reduction of the mark to the required size renders any details illegible, then applicant may insert a statement in the application to describe the mark and these details.

 

37 C.F.R. §§2.52(b); See TMEP §§807.01(b) and 807.07(a).

 

If submitted on paper, the Office prefers that the drawing be depicted on a separate sheet of non-shiny, white paper that is 8 to 8.5 inches wide and 11 to 11.69 inches long (20.3 to 21.6 cm. wide and 27.9 to 29.7 cm. long).  One of the shorter sides of the sheet should be regarded as its top edge. In addition, the drawing should include the caption “DRAWING PAGE” at the top of the drawing beginning one-inch (2.5 cm) from the top edge.  37 C.F.R. §2.54.

 

The Office strictly enforces these drawing requirements.

 

Description of Mark

 

The applicant submitted a description of the mark which is unacceptable.  The description should state accurately what the mark comprises.  Applicant must submit a concise description of the mark.  37 C.F.R. §2.37; TMEP §§808 et seq.  The following is suggested:

 

The mark consists of __________ [specify, e.g. ice cubes above the word "FREEZ" above the word "-EEZ"].

 

Advisory Statement

 

Applicant indicated that a specimen was attached to the application.  The application did not contain a specimen.  Applicant should note that the application was filed under the intent-to-use provisions of Trademark Act Section 1(b), 15 U.S.C. §1051(b).  A specimen is not needed for an intent-to-use application.  Filing an intent-to-use application under Section 1(b) is permissible even if applicant has already begun use of the mark in commerce.  However, applicant is advised that because this application was filed under Section 1(b), registration cannot be granted until the applicant files an acceptable allegation of use – i.e., either an amendment to allege use under Section 1(c) of the Act, 15 U.S.C. §1051(c), or a statement of use under Section 1(d) of the Act, 15 U.S.C. §1051(d).

 

An amendment to allege use may be filed at any time after filing of the application and before approval of the mark for publication.  37 C.F.R. §2.76(a); TMEP §1104.03.  If applicant does not file an acceptable amendment to allege use during initial examination or if an amendment to allege use is filed and withdrawn, and the Office issues a notice of allowance under 15 U.S.C. §1063(b)(2), then applicant must file a statement of use within six months of the mailing date of the notice of allowance or within an extension of time granted for filing of the statement of use.  37 C.F.R. §2.88(a); TMEP §1109.04.  See TMEP §§1104 et seq. regarding the amendment to allege use, and TMEP §§1109 et seq. regarding the statement of use.

 

NOTICE:  FEE CHANGE   

 

Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

 

(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or 

 

(2)   $375 per international class if filed on paper

 

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be  $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.

 

The new fee requirements will apply to any fees filed on or after January 31, 2005.

 

NOTICE:  TRADEMARK OPERATION RELOCATION

 

The Trademark Operation has relocated to Alexandria, Virginia.  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, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at http://www.gov.uspto.report/teas/index.html.

 

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

 

/Ramona F. Ortiga/

Ramona F. Ortiga, Esq.

Trademark Examining Attorney

USPTO  LO 110

571-272-9715

Ramona.Ortiga@uspto.gov

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

  • ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action issued via email you must wait 72 hours after receipt of the Office Action to respond via TEAS).
  • REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.

 

VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.

 

GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm

 

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

 

 


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