UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  78/473797

 

The assigned trademark examining attorney has reviewed the referenced application filed on August 26, 2004, 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.

 

IDENTIFICATION OF GOODS

 

The wording” malt beverages including beer” in the recitation of goods is too broad because it could include goods classified in other classes.  For example, “flavored brewed malt beverage” is in International Class 033, while “nonalcoholic malt beverage” is in International Class 032. The applicant must amend the identification to list each good by its common commercial name.  Applicant must also replace the wording “including” with “namely,” because the identification must be all-inclusive. TMEP section 1402.01 and 1402.03. Applicant must restrict the identification to the one class paid for, or prosecute this as a combined multiple class application.  Applicant may amend to adopt the following if accurate:

 

“Malt beverages, namely, beer.” International Class 032

 

“Beer.” International Class 032

 

“Malt beverages, namely, flavored brewed malt beverage.” International Class 033

 

The applicant may wish to consult the on-line identification manual on the USPTO homepage for acceptable common names of goods and services; and classification therefor.

 

http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted.  37 C.F.R. Section 2.71(a); TMEP section 1402.06.  Therefore, the applicant may not amend to include any goods that are not within the scope of the goods recited in the present identification.

 

REQUIREMENTS FOR A COMBINED APPLICATON

 

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.  37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

 

 

NOTICE:  TRADEMARK OPERATION RELOCATING OCTOBER AND NOVEMBER  2004

 

The Trademark Operation is relocating to Alexandria, Virginia, in October and November 2004.  Effective October 4, 2004, all Trademark-related paper mail (except documents sent to the Assignment Services Division for recordation, certain documents filed under the Madrid Protocol, and requests for copies of trademark documents) must be sent to:

 

Commissioner for Trademarks

P.O. Box 1451

Alexandria, VA  22313-1451

 

Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.uspto.gov.

 

To reach the undersigned attorney by telephone after October 28, 2004, please call (571) 272 - 9313.  Thank you.

 

 

/gy/

Gretta Yao

Attorney

United States Patent and Trademark Office

Law Office 105

703-308-9105 x 189

 

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.