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  78/675630

 

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

 

NO CONFLICTING MARKS

 

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.

 

 

INFORMALITIES

 

The applicant must respond to the following informalities.

 

Identification of Goods and Recitation of Services

 

The identification of goods and recitation of services are unacceptable as indefinite and overbroad.  In IC 001, additives and preservatives for foods must be identified as “chemical additives,” and “chemical preservatives.”  Chemicals for use as flavorings appear to be flavorings that are not essential oils, classified in IC 030, and which the applicant has included in that class.  The goods must be deleted from IC 001.   TMEP §1402.01.  The applicant may adopt the following identification, if accurate: 

 

Chemicals used in the manufacture of foods, foodstuffs, food supplements, alcoholic and non-alcoholic beverages; chemical preservatives and chemical additives for use in the manufacture of foodstuffs, foods, food ingredients, food supplements, alcoholic and non-alcoholic beverages, in IC 001.

 

In IC 030, “aromatic preparations” and “essences” appears to be redundant.  Additionally, if alcoholic essences, the goods are classified in IC 033, but if non-alcoholic, are classified in IC 030.  Preservatives are classified in IC 001, as noted above, and must be deleted from IC 030. 

 

Flavorings for foods, foodstuffs and beverages other than essential oils; aromatic preparations being non-alcoholic essences for foods and beverages; non-nutritional additives for use as flavorings in food and beverages; artificial food and beverage flavorings that are not essential oils; flavors other than essential oils for use in the manufacture of foodstuffs, foods, food ingredients, food supplements, alcoholic and non-alcoholic beverages, in IC 030.

 

Alcoholic essences, in IC 033.

 

In IC 042, the nature of “food technology” is not sufficiently clear, for the purposes of classification, but if describing the wording that follows, may be explained by adding the word “namely.”   The consultation services relating to flavors and technical research must indicate that the subject matter is food for the purposes of classification.  See the suggested wording below.

 

Food technology services, namely advisory, research, analysis and development services in the fields of flavor, food and beverage technology; professional consultancy provided in the field of flavor, food and beverage technology; consultancy and advisory services relating to the analysis, selection, development and manufacture of flavors; technological consultancy services relating to the manufacture of food flavors; technical food research, in IC 042. 

 

Please note that, while an application may be amended to clarify or limit the identification, additions to the identification and recitation are not permitted.  37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the applicant may not amend to include any goods or service3s that are not within the scope of goods set forth in the present identification.

 

For additional information regarding acceptable identifications, the Trademark Manual of Acceptable Identifications and Classifications for Goods and Services is accessible on the world wide web at http://tess2.gov.uspto.report/netahtml/tidm.html.

 

 

Amend or Addition of International Classes

 

If the applicant adopts the suggested amendments to the identification of goods and services, the applicant must amend the classification to the appropriate International Classes, and/or amend to add additional classes.  37 C.F.R. Sections 2.32(a)(7) and 2.85; TMEP §§805 and 1401 et seq. 

 

Fees

 

The application identifies goods and services that are classified in five classes; however, the fees submitted are sufficient to cover only four classes. 

 

The applicant must either:  (1) restrict the application to the number of class(es) covered by the fee(s) already paid, or (2) submit the fees for the additional class(es). 

 

If the applicant submits the outstanding fees with a paper response, then applicant must submit $375 per international class to cover the fees for the remaining class(es).  However, if the applicant submits the fees in a response filed via the Trademark Electronic Application System (TEAS), then the applicant must submit $325 per international class to cover the fees for the remaining class(es).  Consolidated Appropriations Act, 2005, Pub. L. 108-447; 37 C.F.R. §2.6, 2.86(a)(2); TMEP §§810.01, 1401.04, 1401.04(b) and 1403.01.

 

Requirements for a Multiple Class Application

 

If the applicant prosecutes this application as a combined, or multiple‑class, application, the applicant must comply with each of the following.

 

(1)  Applicant must list the services by international class number in ascending numerical order.  TMEP §§801.01(b) and 1403.01.

 

 

(2)    Submit the filing fee for each additional class added to the application.

 

 

RESPONSE

 

No set form is required for response to this Office action.  The applicant must respond to each point raised.  The applicant should simply set forth the required changes or statements and request that the Office enter them.  The applicant must sign the response.  In addition to the identifying information required at the beginning of this letter, the applicant should provide a telephone number to speed up further processing.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

/Linda A. Powell/

Trademark Examining Attorney

Law Office 104

(571) 272-9327

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• 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 in your response.

 

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.