UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/664550
APPLICANT: Morsels, L.P.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: BESS' KITCHEN
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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.
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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
PLEASE NOTE: Applicant is encouraged to telephone the trademark examining attorney to resolve the issue raised below.
Mark: Bess’ Kitchen
Serial Number 76/664550
The assigned examining attorney has reviewed the referenced application and determined the following.
Applicant must specify the national citizenship (for individuals) or the U.S. state or foreign country of organization or incorporation of the general partner. 37 C.F.R. §2.32(a)(3)(iii); TMEP §§803.03(b) and 803.04.
The applicant must disclaim the descriptive wording “KITCHEN” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The wording is merely descriptive because a kitchen is a place in which food is prepared. The applicant is a restaurant with a working kitchen from which its food is prepared.
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use KITCHEN apart from the mark as shown.
A disclaimer does not remove the disclaimed matter from the mark. It is simply a statement that the applicant does not claim exclusive rights in the disclaimed wording or design apart from the mark as shown in the drawing.
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.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Mary E. Crawford/
Trademark Attorney
Law Office 102
(571) 272 - 9149
HOW TO RESPOND TO THIS OFFICE ACTION:
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.