To: | Kraft Foods Holdings, Inc. (trademark@kraft.com) |
Subject: | TRADEMARK APPLICATION NO. 77114443 - STAY-FRESH - 57547 Meals |
Sent: | 3/29/2007 3:01:21 PM |
Sent As: | ECOM107@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/114443
APPLICANT: Kraft Foods Holdings, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: STAY-FRESH
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CORRESPONDENT’S REFERENCE/DOCKET NO: 57547 Meals
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.
Serial Number 77/114443
The assigned trademark examining attorney has reviewed the referenced application filed on February 23, 2007 and has determined the following:
Information is enclosed concerning pending Application Serial No. 76652916. Although the Office records have been searched and no similar registered mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), there may be a likelihood of confusion under Section 2(d) of the Act between applicant’s mark and the mark in the above noted application. The filing date of the referenced application precedes applicant’s filing date. If the earlier‑filed application registers, registration may be refused under Section 2(d). 37 C.F.R. §2.83. Therefore, upon entry of a response to the Office action, action on this case may be suspended pending final disposition of the earlier-filed application.
If applicant believes that there is no potential conflict between this application and the earlier-filed application, then applicant may present arguments relevant to the issue in a request to remove the application from suspension. The election to file or not to file such a request at this time in no way limits applicant’s right to address this issue at a later point.
Upon receipt of applicant’s response resolving the following requirements, action on this application will be suspended pending the disposition of Application Serial No. 76652916. 37 C.F.R. §2.83(c); TMEP §§716.02(c) and 1208.02(c).
The current wording used to describe the goods is unacceptable as indefinite and needs clarification because it is too broad and could include goods classified in other international classes. Applicant must clarify the identification of goods by specifying the type of “packaging.” TMEP §§1402.01 and 1402.03.
Applicant may adopt the following identification of goods, if accurate: TMEP §1402.01.
Class 016: “absorbent pads of paper and cellulose for use in food packaging, namely, meats and poultry”;
Class 017: “plastic films used as packaging for food, namely, meats and poultry”;
Class 029: “meats and poultry”;
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.
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.
Applicant must clarify the number of classes for which registration is sought. The submitted filing fee is insufficient to cover all the classes in the application. Specifically, the application identifies goods and/or services that are classified in at least three classes (see commentary above), however, the applicant paid for only one class.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods and/or services 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 and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov). 37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
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 a shaded blue oval design with the words "STAY-FRESH" appearing in yellow in front surrounded by a rectangular design in white.
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.
To expedite prosecution of this application, applicant is encouraged to file its response to this Office action through the Trademark Electronic Application System (TEAS), available at http://www.gov.uspto.report/teas/index.html.
/Kelly McCoy/
Trademark Examining Attorney
Law Office 107
Phone - (571) 272-8976
Fax - (571) 273-8976
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.