UNITED STATES PATENT AND TRADEMARK OFFICE
|
SERIAL NO: 76/666739
MARK: FRESHNESS INSIDE
|
|
|
CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
|
|
APPLICANT: FOODCAP INTERNATIONAL LIMITED
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
THIS IS A FINAL ACTION.
This letter responds to applicant’s communication filed on August 22, 2007. The following requirement has been satisfied and is now withdrawn: (1) additional fee for an additional class. TMEP §714.04. The following requirements are now made FINAL: (1) amendment and clarification of the identification of goods. 37 C.F.R. §2.64(a).
In the initial office action dated February 17, 2007, the examining attorney required the applicant to clarify and amend the goods in the application and the applicant responded with an amended Identification of Goods and Services. Some of the proposed amendments with respect to the identification of the goods cannot be accepted because they are indefinite and require further clarification. In addition, some of the proposed amended goods cannot be accepted because applicant did not classify them properly in accord with the correct classification specified by the examining attorney in the Office Action dated February 17, 2007. Finally, some of the proposed amendments refers to goods and services that are not within the scope of the identification that was set forth in the original application dated May 15, 2006. While the identification of goods and/or services may be amended to clarify or limit the identification are not permitted.
For the convenience of applicant, the examining attorney provided, for each class, the acceptable identification of goods that would be accepted, with the goods deleted that are not acceptable because they are indefinite and/or outside the scope of the original application.
The original identification of goods read as follows:
“Machines and machine tools for handling, processing, treating, storing and transporting products including perishable products, food and food products, beverages and beverage products, ingredients for the forgoing; parts and fittings for the foregoing.”
The proposed identification of goods now reads as follows:
“Machines and machines tools, namely machinery for meat, fish, poultry, game or vegetable processing including chilling, compressing, holding and aging machinery, cutting machines, washing and chilling equipment, machinery for environment modification and control, machines for portioning, packaging and identification, loading and unloading machinery, machinery for chopping, grinding, mincing; conveying machinery for handling, processing, treating, storing and transporting perishable products, namely meat, fish, poultry, game, vegetable; and parts and fittings for the foregoing goods.
The following is not acceptable:
The following, if accurate, would be acceptable if adopted by applicant:
“Machines and machines tools, namely machinery for meat, fish, poultry, game or vegetable processing namely, chilling, compressing, holding and aging machinery, cuffing machines, washing and chilling equipment, machinery for environment modification and control, machines for portioning, packaging and identification, loading and unloading machinery, machinery for chopping, grinding, mincing; conveying machinery for handling, processing, treating, storing and transporting perishable products, namely meat, fish, poultry, game, vegetable; and structural parts and fittings for the foregoing goods.”
The original identification of goods read as follows:
“Fresh meat, fish, poultry and game; dried, canned, preserved, processed and/or cooked meat, fish, poultry and game; eggs; edible oils and fats; milk and milk products including yogurt, cheese, cream; pickles and preserves.”
The proposed amendment of the identification of goods now reads as follows:
“Fresh meat, fish not live, poultry and game; dried, canned, preserved, processed and cooked meat, fish, poultry and game; eggs; edible oils and fats; milk and milk products, namely, yogurt, cheese, cream; pickles and preserves, namely fruit and vegetable preserves.”
This amendment is acceptable as written.
However, if applicant properly re-classifies some of the goods incorrectly classified in Class 030, the following would be an acceptable classification of goods in Class 029:
“Fresh meat, fish not live, poultry and game; dried, canned, preserved, processed and cooked meat, fish, poultry and game; eggs; edible oils and fats; milk and milk products, namely, yogurt, cheese, cream; pickles and preserves, namely fruit and vegetable preserves; prepared foodstuffs, namely, prepared meat-based dishes, prepared fish-based dishes, prepared poultry-based dishes, prepared game-based dishes.”
The original identification of goods is as follows:
“Prepared foodstuffs including foodstuffs incorporating meat, fish, poultry or game or extracts thereof; wheat, grain; farinaceous products; rice; pasta; bread; flavoring ingredients including sauces, salt mustard, vinegar and condiments.”
The proposed amendment to the identification of goods now reads as follows:
“Prepared foodstuffs, namely, prepared meat-based dishes, prepared fish-based dishes, prepared poultry-based dishes, prepared game-based dishes; wheat, namely, processed wheat, grain, namely, processed grains; farinaceous products, namely, cakes, rolls, and farinaceous food paste for human consumption; rice; pasta; bread; flavoring ingredients, namely, sauces, salt, mustard, vinegar.”
The following is not acceptable:
“Prepared foodstuffs, namely, prepared meat-based dishes, prepared fish-based dishes, prepared poultry-based dishes, prepared game-based dishes” is not acceptable, because, as indicated in the Office Action and as discussed with applicant’s attorney on the telephone, these goods are properly classified in Class 029. Applicant must either (1) properly classify these goods in Class 029 as per the suggested identification of goods in Class 029; or (2) delete these goods from the application.
The following would be an acceptable identification of goods, if adopted by applicant:
“Wheat, namely, processed wheat, grain, namely, processed grains; farinaceous products, namely, cakes, rolls, and farinaceous food paste for human consumption; rice; pasta; bread; flavoring ingredients, namely, sauces, salt, mustard, vinegar.”
Class 031 – the proposed amendment of goods is acceptable as written.
The original identification of services read as follows:
“Wholesale, retail and online trade services related to food and beverages, machinery for storage, treatment, preparation and presentation of perishable materials including food and beverages, parts and fittings for the foregoing; business advisory, consultancy, management, administration and information services; franchise and licensing services including consultancy, advisory and information services for the foregoing; demonstration, display, promotion and advertising services; publicity services; all of the foregoing also available online ad/or via the internet.”
The proposed amendment of the identification of services now reads as follows:
“Wholesale, retail and online trade services provided both on-line and not on-line and via the Internet, featuring food and beverages, machines and machine tools, namely, machinery for meat, fish, poultry, game or vegetable processing including chilling, compressing, holding and aging machinery, cutting machines, washing and chilling equipment, machinery for environment modification and control, machines for portioning, packaging and identification, loading and unloading machinery, machinery for chopping, grinding, mincing, conveying machinery for handling, processing, treating, storing and transporting perishable products, namely meat, fish, poultry, game, vegetable; and parts and fittings for the forgoing goods; business advisory, consultancy, management, administration and information services; franchise services, namely offering technical and business management assistance in the establishment and operation of meat, fish, poultry, game and vegetable treatment and packaging facilities and processes; advertising services, namely, stock management, demonstrations, displays, and promotions for the goods and services of others; publicity services for others.”
The following is not acceptable:
· The wording “trade services” is unacceptable because this wording is unacceptable as indefinite. Applicant must specify if it provides “wholesale, retail and online store services.”
The following would be acceptable, if adopted by applicant:
“Wholesale, retail and online store services provided both on-line and not on-line and via the Internet, featuring food and beverages, machines and machine tools, including machinery for meat, fish, poultry, game or vegetable processing, namely, chilling, compressing, holding and aging machinery, cuffing machines, washing and chilling equipment, machinery for environment modification and control, machines for portioning, packaging and identification, loading and unloading machinery, machinery for chopping, grinding, mincing, conveying machinery for handling, processing, treating, storing and transporting perishable products, namely meat, fish, poultry, game, vegetable; and structural parts and fittings for the forgoing goods; business advisory, consultancy, management, administration and information services; franchise services, namely offering technical and business management assistance in the establishment and operation of meat, fish, poultry, game and vegetable treatment and packaging facilities and processes; advertising services, namely, stock management, demonstrations, displays, and promotions for the goods and services of others; publicity services for others.”
Class 037
The original identification of services read as follows:
“Construction, repair, maintenance and installation of machines and machines tools for storage, treatment, preparation and presentation of perishable materials, food and beverage products; advisory and consultancy services for the foregoing; all of the foregoing also available online and/or via the internet.”
The proposed amendment of the identification of services now read as follows:
“Construction, repair, maintenance and installation services provided both on-line and via the Internet and not on-line of machine and machine tools, namely, machinery for meat, fish, poultry, game or vegetable processing including chilling, compressing, holding and aging machinery, cutting machines, washing and chilling equipment, machinery for environmental modification and control, machines for portioning, packaging and identification, loading and unloading machinery, machinery for chopping, grinding, mincing, conveying machinery for handling, processing, treating, storing and transporting perishable products, namely meat, fish, poultry, game, vegetable; and parts and fittings for the forgoing goods; consultancy services for all the forgoing provided both on-line and via the Internet and not-online.”
The following is not acceptable:
· The identification of services is indefinite and must be clarified because it includes the open-ended wording “including.” TMEP §§1402.01 and 1402.03(a). The identification must be specific and all-inclusive. Therefore, this wording should be deleted and replaced with “namely.”
· The wording “consultancy services” is not acceptable because applicant must clarify that the consultancy services are specifically in relation to the construction, repair, maintenance and installation of the machinery.
The following would be acceptable, if adopted by applicant:
“Construction, repair, maintenance and installation services provided both on-line and via the Internet and not on-line of machine and machine tools, namely, machinery for meat, fish, poultry, game or vegetable processing including chilling, compressing, holding and aging machinery, cutting machines, washing and chilling equipment, machinery for environmental modification and control, machines for portioning, packaging and identification, loading and unloading machinery, machinery for chopping, grinding, mincing, conveying machinery for handling, processing, treating, storing and transporting perishable products, namely meat, fish, poultry, game, vegetable and parts and fittings for the forgoing goods; consultancy services in the field of the construction, repair, maintenance and installation of the foregoing machinery and machine tools provided both on-line and via the Internet and not on-line.”
Class 040 – the proposed amendment of services is acceptable as written.
Class 042
The original identification of services read as follows:
“Research, testing and surveying services; engineering and design services including those services in connection with perishable materials; licensing of intellectual property and/or technology; advisory and consultancy for the foregoing; all of the foregoing also available online and/or via the internet.”
The proposed amendment of the identification of services now reads as follows:
“Research, testing and surveying services provided both on-line and via the Internet and not on-line in the field of perishable materials, machine and machine tools, namely, machinery for meat, fish, poultry, game or vegetable processing including chilling, compressing, holding and aging machinery, cutting machines, washing and chilling equipment, machinery for environment modification and control, machines for portioning, packaging and identification, loading and unloading machinery, machinery for chopping, grinding, mincing, conveying machinery for handling, processing, treating, storing and transporting perishable products, namely meat, fish, poultry, game, vegetable; and parts and fittings for the forgoing goods; consultancy services for the forgoing provided both on-line and via the Internet and not on-line.”
The following is not acceptable:
· “Research and testing services” are unacceptable as indefinite. Applicant must clarify what type of research, testing services it provides. For example, applicant should clarify if it provides product research, research on food, scientific research, testing or research on machines, etc.
The following would be acceptable if adopted by applicant:
` “Research and testing, namely {specify, e.g, product research, research and testing on machines, etc.} and surveying services provided both on-line and via the Internet and not on-line in the filed of perishable materials, machine and machine tools, namely, machinery for meat, fish, poultry, game or vegetable processing including chilling, compressing, holding and aging machinery, cutting machines, washing and chilling equipment, machinery for environment modification and control, machines for portioning, packaging and identification, loading and unloading machinery, machinery for chopping, grinding, mincing, conveying machinery for handling, processing, treating, storing and transporting perishable products, namely meat, fish, poultry, game, vegetable; and structural parts and fittings for the forgoing goods; consultancy services in the field of {specify, e.g., product research, research and testing on machines, etc..} for machine and machine tools for meat, fish, poultry, game or vegetable processing provided both on-line and via the Internet and not on-line.”
The stated refusal refers to the following goods and/or services and does not bar registration for the other goods and/or services:
Class 007: Machines and machines tools, namely machinery for meat, fish, poultry, game or vegetable processing including chilling, compressing, holding and aging machinery, cutting machines, washing and chilling equipment, machinery for environment modification and control, machines for portioning, packaging and identification, loading and unloading machinery, machinery for chopping, grinding, mincing; conveying machinery for handling, processing, treating, storing and transporting perishable products, namely meat, fish, poultry, game, vegetable; and parts and fittings for the foregoing goods
Class 030: Prepared foodstuffs, namely, prepared meat-based dishes, prepared fish-based dishes, prepared poultry-based dishes, prepared game-based dishes
Wholesale, retail and online trade services provided both on-line and not on-line and via the Internet, featuring food and beverages, machines and machine tools, namely, machinery for meat, fish, poultry, game or vegetable processing including chilling, compressing, holding and aging machinery, cutting machines, washing and chilling equipment, machinery for environment modification and control, machines for portioning, packaging and identification, loading and unloading machinery, machinery for chopping, grinding, mincing, conveying machinery for handling, processing, treating, storing and transporting perishable products, namely meat, fish, poultry, game, vegetable; and parts and fittings for the forgoing goods
Construction, repair, maintenance and installation services provided both on-line and via the Internet and not on-line of machine and machine tools, namely, machinery for meat, fish, poultry, game or vegetable processing including chilling, compressing, holding and aging machinery, cutting machines, washing and chilling equipment, machinery for environmental modification and control, machines for portioning, packaging and identification, loading and unloading machinery, machinery for chopping, grinding, mincing, conveying machinery for handling, processing, treating, storing and transporting perishable products, namely meat, fish, poultry, game, vegetable; and parts and fittings for the forgoing goods; consultancy services for all the forgoing provided both on-line and via the Internet and not-online.
“Research and testing services.”
If applicant does not respond within six months of the mailing date of this final action, the goods and/or services/indicated above to which the final refusal(s) and/or requirement(s) apply will be deleted from the application by Examiner’s Amendment: The application will proceed forward for the remaining goods and/or services. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).
Applicant may respond to this final action by:
(1) submitting a response that fully satisfies all outstanding requirements, if feasible (37 C.F.R. §2.64(a)); and/or
(2) filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class (37 C.F.R. §§2.6(a)(18) and 2.64(a); TMEP §§715.01 and 1501 et seq.; TBMP Chapter 1200).
In certain circumstances, a petition to the Director may be filed to review a final action that is limited to procedural issues, pursuant to 37 C.F.R. §2.63(b)(2). 37 C.F.R. §2.64(a). See 37 C.F.R. §2.146(b), TMEP §1704, and TBMP Chapter 1201.05 for an explanation of petitionable matters. The petition fee is $100. 37 C.F.R. §2.6(a)(15).
/cglasser/
Caryn Glasser
Trademark Examining Attorney
Law Office 108
Phone: (571) 270-1517
Fax: (571) 270-2517
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office action should be filed using the form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.