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  77/004968

 

 

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

 

Search

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.

$50 Additional Fee Required – Application Requirement(s) Not Met

Applicant must submit an additional application processing fee of $50 per class because the application as filed does not meet the TEAS Plus application requirements in 37 C.F.R. §2.22(a).  37 C.F.R. §§2.6(a)(iv) and 2.22(b).  The following application requirement(s) were not met:  AMENDMENT OF THE IDENTIFICATION OF GOODS – an identification of goods and/or services taken wholly from the Office’s Acceptable Identification of Goods and Services Manual.  

 

 

The applicant entered a miscellaneous statement that amended the identification of goods to “chocolate; chocolate bars; chocolate candies, chocolate truffles; filled chocolate; milk chocolate, all of he foregoing excluding bubble gum.”   This identification is not taken wholly from the Office’ Acceptable Identification of Goods and Services Manual.

 

 

Claim of Ownership of Prior Registration

If applicant is the owner of U.S. Registration No. 3172444, then applicant must submit a claim of ownership.  37 C.F.R. §2.36; TMEP §812.  The following standard format is suggested:

 

 

Applicant is the owner of U.S. Registration No. 3172444.

 

 

Communication

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney directly at the number below.

 

 

 

/Sophia S. Kim/

Sophia S. Kim

Examining Attorney

USPTO Law 106

571-272-9178

571-273-9106 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.