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  78/474219

 

The assigned examining attorney has reviewed the referenced application and 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. Section 1052(d).  TMEP section 1105.01.

 

Nevertheless, the applicant’s mark cannot be approved for publication unless and until the following issues are satisfactorily addressed:

 

Identification and Classification of Goods

The identification of goods in Class 8 is acceptable.  The identification of goods in Class 21 is unacceptable because it contains goods that are classified in more than one International Class.  Please see below regarding the correct classifications.  In addition, the wording “kitchen forks, kitchen spoons” in the identification is unacceptable as indefinite.  Forks and spoons in the nature of eating utensils are properly classified in Class 8.  Serving forks and spoons are in Class 21.  The applicant must amend to state the use of the kitchen forks and spoons and to classify them in the correct class.

 

The applicant may amend to adopt one or more of the following, if accurate:

 

Cutlery, namely, chefs knives, paring knives, boning knives, slicers, cleavers, and sharpeners for same; flatware for table settings and serving; peelers, can openers, kitchen shears, in International Class 8.

 

Tools and implements for food preparation, namely, measuring cups and spoons, thermometers, timers, in International Class 9.

 

Cookware, namely, stock pots, soup pots, sauce pans, skillets, dutch ovens, steamers, omelet pans, roasting pans; bakeware, namely, sheet pans, cake pans, tube pans, cake rings, pie pans, loaf pans; china for place settings and serving; table and bar glassware; hand-operated tools and implements for food preparation, namely, whisks, scoops, ladles, spice mills, mixing bowls, colanders, scrapers, spatulas, tongs, serving forks, serving spoons, rolling pins, corkscrews, strainers, sifters, in International Class 21.

 

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.

Multiple Class Application

If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods based on an intent to use the mark in commerce under Trademark Act Section 1(b):

 

(1)   Applicant must list the goods 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 not covered by the fee already paid.  37 C.F.R. §2.86(a)(2); TMEP §§810.01 and 1403.01.

Signed Declaration Required

Applicant must submit a statement attesting to the facts set forth in the application, dated and signed by a person authorized to sign under 37 C.F.R. §2.33(a), and verified with a notarized affidavit or signed declaration under 37 C.F.R. §2.20.  37 C.F.R. §§2.32(b) and 2.33.  No signed verification was provided with the application.

 

In an application is based on use in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), the verified statement must include an allegation that “the mark is in use in commerce and was in use in commerce on or in connection with the goods or services listed in the application as of the application filing date.”  15 U.S.C. §1051(a)(3)(C); 37 C.F.R. §2.34(a)(1)(i); TMEP §§804.02, 806.01(a) and 901.

 

NOTICE:  FEE CHANGE   

 

Effective January 31, 2005 and pursuant to the Consolidated Appropriations Act, 2005, Pub. L. 108-447, the following are the fees that will be charged for filing a trademark application:

 

(1) $325 per international class if filed electronically using the Trademark Electronic Application System (TEAS); or 

 

(2)   $375 per international class if filed on paper

 

These fees will be charged not only when a new application is filed, but also when payments are made to add classes to an existing application. If such payments are submitted with a TEAS response, the fee will be  $325 per class, and if such payments are made with a paper response, the fee will be $375 per class.

 

The new fee requirements will apply to any fees filed on or after January 31, 2005.

 

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

 

 

/Kimberly Frye/

Trademark Examining Attorney

Law Office 113

(571) 272-9430

(571) 273-9430 (FAX)

 

 

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 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