Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

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.

 

Serial Number  76/664620

 

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

 

SEARCH RESULTS

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.

 

DISCLAIMER

Trademark Act Section 6(a), 15 U.S.C. Section 1056(a), states that the Commissioner may require the applicant to disclaim an unregistrable component of a mark.  Trademark Act Section 2(e), 15 U.S.C. Section 1052(e), bars the registration of a mark which is merely descriptive or deceptively misdescriptive, or primarily geographically descriptive of the goods/services. Therefore, the Commissioner may require the disclaimer of a portion of a mark which, when used in connection with the goods or services, is merely descriptive or deceptively misdescriptive, or primarily geographically descriptive.  If an applicant does not comply with a disclaimer requirement, the examining attorney may refuse registration of the entire mark.  TMEP section 1213.01(b).

 

The applicant must disclaim the descriptive wording BEEF ROLL apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.02(a).  The wording is merely descriptive because it merely describes a function, feature, purpose, or use of the goods/services. See Dictionary definitions and/or Global computer website extract of the relevant terms (currently attached).

 

Standard Disclaimer Form

The computerized printing format for the Trademark Official Gazette requires a standard form for a disclaimer.   TMEP section 1213.09(a)(i).  A properly worded disclaimer should read as follows:

 

            No claim is made to the exclusive right to use BEEF ROLL apart from the mark as shown.

 

See In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).

 

Explanation of Effect

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.

 

IDENTIFICATION OF GOODS

The wording "products" in the identification of goods needs clarification because it is unacceptable as indefinite.  Applicant must amend the identification of goods to specify the common commercial or generic name for the goods.  If there is no common commercial or generic name for the product, then applicant must describe the product and intended consumer as well as its main purpose and intended uses.  TMEP §1402.01.

 

Applicant may substitute the following wording, if accurate: 

 

Prepared meat or Prepared meat products, namely, ham, sausage, bacon, frankfurters, bologna, luncheon meats, in International Class 29.  TMEP §§1402.01 and 1402.03.

 

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 and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html

 

/sio/                                              

Stanley I. Osborne, Jr.

Trademark Attorney

Law Office 102

(571) 272-9205

(571) 273-9205 (fax)

 

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond using the Office’s Trademark Electronic Application System (TEAS) Response to Office action form available on our website at http://www.gov.uspto.report/teas/index.html.  If the Office action issued via e-mail, you must wait 72 hours after receipt of the Office action to respond via TEAS.  NOTE:  Do not respond by e-mail.  THE USPTO WILL NOT ACCEPT AN E-MAILED RESPONSE.
• 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.  NOTE:  The filing date of the response will be the date of receipt in the Office, not the postmarked date.  To ensure your response is timely, use a certificate of mailing.  37 C.F.R. §2.197.

 

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.

 

beef

 
beef (bêf) noun

plural beeves (bêvz) or  beef

1.    a. A full-grown steer, bull, ox, or cow, especially one intended for use as meat. b. The flesh of a slaughtered full-grown steer, bull, ox, or cow.

2.    Informal. Human muscle; brawn.

3.    plural beefs. Slang. A complaint.

 

verb, intransitive

beefed, beef·ing, beefs

Slang.

To complain.

 

— phrasal verb.

beef up Informal.

To make or become greater or stronger: beef up the defense budget.

 [Middle English, from Old French buef, from Latin bos, bov-.][1]

 

roll

 
roll (rol) verb

rolled, roll·ing, rolls verb, intransitive

1.    To move forward along a surface by revolving on an axis or by repeatedly turning over.

2.    To travel or be moved on wheels or rollers: rolled down the sidewalk on their scooters.

3.    To travel around; wander: roll from town to town.

4.    a. To travel or be carried in a vehicle. b. To be carried on a stream: The logs rolled down the cascading river.

5.    a. To start to move or operate: The press wouldn't roll. b. To work or succeed in a sustained way; gain momentum: The political campaign finally began to roll.

6.    To go by; elapse: The days rolled along.

7.    To recur: Summer has rolled around again.

8.    To move in a periodic revolution, as a planet in its orbit.

9.    To turn over and over: The puppy rolled in the mud.

10.  To shift the gaze usually quickly and continually: Her eyes rolled with fright.

11.  To turn around or revolve on or as if on an axis.

12.  To move or advance with a rising and falling motion; undulate: The waves rolled toward shore.

13.  To extend or appear to extend in gentle rises and falls: The dunes roll to the sea.

14.  To move or rock from side to side: The ship pitched and rolled in heavy seas.

15.  To walk with a swaying, unsteady motion.

16.  To take the shape of a ball or cylinder: Yarn rolls easily.

17.  To become flattened by or as if by pressure applied by a roller.

18.  To make a deep, prolonged, surging sound: Thunder rolled in the distance.

19.  To make a sustained, trilling sound, as certain birds do.

20.  To beat a drum in a continuous series of short blows.

21.  To pour or flow in or as if in a continual stream: tourists rolling into the city.

22.  To enjoy ample amounts: rolled in the money.

 

verb, transitive

1.    To cause to move forward along a surface by revolving on an axis or by repeatedly turning over.

2.    To move or push along on wheels or rollers: rolled the plane out of the hangar.

3.    To impel or send onward in a steady, swelling motion: The sea rolls its waves onto the sand.

4.    To impart a swaying, rocking motion to: Heavy seas rolled the ship.

5.    To turn around or partly turn around; rotate: rolled his head toward the door.

6.    To cause to begin moving or operating: roll the cameras; roll the presses.

7.    To extend or lay out: rolled out a long rope.

8.    To pronounce or utter with a trill: You must roll your r's in Spanish.

9.    To utter or emit in full, swelling tones.

10.  To beat (a drum) with a continuous series of short blows.

11.  To wrap (something) round and round upon itself or around something else: roll up a poster.

12.  a. To envelop or enfold in a covering: roll dirty laundry in a sheet. b. To make by shaping into a ball or cylinder: roll a cigarette.

13.  To spread, compress, or flatten by applying pressure with a roller: roll pastry dough.

14.  Printing. To apply ink to (type) with a roller or rollers.

15.  Games. To throw (dice), as in craps.

16.  Slang. To rob (a drunken, sleeping, or otherwise helpless person).

 

noun

1.    The act or an instance of rolling.

2.    Something rolled up: a roll of tape.

3.    A quantity, as of cloth or wallpaper, rolled into a cylinder and often considered as a unit of measure.

4.    A piece of parchment or paper that may be or is rolled up; a scroll.

5.    A register or a catalogue.

6.    A list of names of persons belonging to a group.

7.    A mass in cylindrical or rounded form: a roll of tobacco.

8.    a. A small rounded portion of bread. b. A portion of food shaped like a tube with a filling.

9.    A rolling, swaying, or rocking motion.

10.  A gentle swell or undulation of a surface: the roll of the plains.

11.  A deep reverberation or rumble: the roll of thunder.

12.  A rapid succession of short sounds: the roll of a drum.

13.  A trill: the roll of his r's.

14.  A resonant, rhythmical flow of words.

15.  A roller, especially a cylinder on which to roll something up or with which to flatten something.

16.  A maneuver in which an airplane makes a single complete rotation about its longitudinal axis without changing direction or losing altitude.

17.  Slang. Money, especially a wad of paper money.

 

— phrasal verb.[2]