| To: | NOBEL FOODS DO BRASIL LTDA. (lmolloy@iplawusa.com) |
| Subject: | U.S. TRADEMARK APPLICATION NO. 77968077 - BROWN COW - SIMB.6774-NY - Request for Reconsideration Denied - No Appeal Filed |
| Sent: | 3/30/2011 8:13:57 PM |
| Sent As: | ECOM110@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
|
APPLICATION SERIAL NO. 77968077
MARK: BROWN COW
|
|
|
CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
|
|
APPLICANT: NOBEL FOODS DO BRASIL LTDA.
|
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
ISSUE/MAILING DATE: 3/30/2011
The trademark examining attorney has carefully reviewed applicant’s request for reconsideration and is denying the request for the reasons stated below. See 37 C.F.R. §2.64(b); TMEP §§715.03(a), 715.04(a). The Section 2(d) refusal made final in the Office action dated November 19, 2010 is maintained and continues to be final. See TMEP §§715.03(a), 715.04(a).
Applicant has amended the identification of goods, which continue to be in two classes. However,
the examining attorney’s suggested amendment in the final Office action recited goods only in Class 30. The examining attorney did not mean to suggest that applicant could retain the Class 32 identification of goods. Although this was not made crystal clear, Applicant will note that the Office action listed goods which would have been deleted in the event of a failure to respond to such action; and these goods included all the goods in Class 32.
As to the amendment in Class 30, Applicant has retained the wording “chocolate syrup intended to be used as the basic flavor for malted milks.” Yet Registration No. 0256207, cited under Trademark Act Section 2(d), covers the same word mark (BROWN COW) for these same goods. Registration No. 025607 is also a bar to registration of Applicant’s mark in Class 32, since the respective goods are similar.
To be clear, the application will be approved if Applicant deletes Class 32 from the identification of goods and limits the goods in Class 30 to the following:
Processed cereal-derived food to be used as breakfast cereal; cereal-based snack foods; pancakes; grain based snack foods; preparations made from cereal, namely, corn flakes; processed cereal based food to be used as a breakfast food; waffles; corn flake crumbs; flaked breakfast cereal
The filing of a request for reconsideration does not extend the time for filing a proper response to a final Office action or an appeal with the Trademark Trial and Appeal Board (Board), which runs from the date the final Office action was issued/mailed. See 37 C.F.R. §2.64(b); TMEP §§715.03, 715.03(a), (c).
If time remains in the six-month response period to the final Office action, applicant has the remainder of the response period to comply with and/or overcome any outstanding final requirement(s) and/or refusal(s) and/or to file an appeal with the Board. TMEP §715.03(a), (c). However, if applicant has already filed a timely notice of appeal with the Board, the Board will be notified to resume the appeal when the time for responding to the final Office action has expired. See TMEP §715.04(a).
/StevenFine/
Trademark Attorney
Law Office 110
(571) 272-9158