Offc Action Outgoing

STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION: TO AVOID PARTIAL ABANDONMENT OF THE REQUEST FOR EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE TO THIS PROVISIONAL PARTIAL REFUSAL NOTIFICATION WITHIN 6 MONTHS OF THE “DATE ON WHICH THE NOTIFICATION WAS SENT TO WIPO (MAILING DATE)” LOCATED ON THE WIPO COVER LETTER ACCOMPANYING THIS NOTIFICATION.

In addition to the Mailing Date appearing on the WIPO cover letter, a holder (hereafter “applicant”) may confirm this Mailing Date using the USPTO’s Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. To do so, enter the U.S. application serial number for this application and then select “Documents.” The Mailing Date used to calculate the response deadline for this provisional partial refusal is the “Create/Mail Date” of the “IB-1rst Refusal Note.”

This is a PROVISIONAL PARTIAL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application that applies to only the goods and/or services identified below. See 15 U.S.C. §1141h(c). See below in this notification (hereafter “Office action”) for details regarding the provisional partial refusal.

The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

SEARCH OF OFFICE’S DATABASE OF MARKS

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).

IDENTIFICATION OF GOODS AND SERVICES

The identification of goods and services is indefinite and must be clarified because the goods and services identified below are overly broad and/or unclear. See TMEP §1402.01. Applicant may adopt the following identification, if accurate:

Class 009: Recorded computer software for {specify items, e.g., mobile phones, portable media players, handheld computers}, namely, software for {specify the function of the programs, e.g., use in database management, use in electronic storage of data, etc.}; downloadable electronic publications in the nature of {indicate specific nature of publication} in the field of {indicate subject matter of publication}; downloadable computer software applications for {specify items, e.g., mobile phones, portable media players, handheld computers}, namely, software for {specify the function of the programs, e.g., use in database management, use in electronic storage of data, etc.}

Class 016: Paper, cardboard; printed matter, namely, {specify, e.g., flash cards, story books, teacher guides, manuals, posters}; bookbinding material; photographs; adhesives for stationery or household purposes; artists' materials, namely, {specify, e.g., molds for modeling clays}; paint brushes; typewriters and office requisites except furniture, namely, {specify, e.g., staple removers, envelope sealing machines}; printed instructional and teaching material except apparatus in the field of {specify area of use}; plastic materials for packaging ~~(not included in other classes)~~, namely, {specify, e.g., plastic film for use as wrapping and packaging material for {indicate area of use or industry or indicate for general use}; printers' type; printing blocks, printed vouchers, magazines in the field of {specify subject matter}; printed recipes cards

Class 029: Meat, fish, not live, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats

Class 030: Coffee, tea, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, namely, {indicate specific items}, bread, ices; honey, treacles; yeast, baking-powder; salt, mustard; vinegar, ~~sauces (condiments)~~ savory sauces used as condiments; spices; ice

Class 031: Agricultural, horticultural and forestry products and grains, not included in other classes, namely, live animals; fresh fruits and vegetables; agricultural seeds, namely, {indicate specific type of seed, e.g., soybean, flower}, live plants and flowers; foodstuffs for animals; malt for brewing and distilling

Class 032: Beers; mineral and aerated waters and other non-alcoholic beverages {specify the type of non-alcoholic beverage, e.g., non-alcoholic beverage containing fruit juices or non-alcoholic malt beverage}; fruit beverages and fruit juices; syrups and other preparations for making beverages, namely, {indicate specific type of beverage, e.g., fruit drinks}

Class 033: Alcoholic beverages except beers

Class 035: Advertising; ~~arranging commercial transactions for others, including within the framework of e-commerce retail trading services, including via the internet~~, On-line trading services in which seller posts products to be auctioned and bidding is done via the Internet in the fields of bleaching and other preparations for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, fuels including motor spirit and illuminates, candles and wicks for lighting; ~~arranging commercial transactions for others, including within the framework of e-commerce retail trading services, including via the internet,~~ On-line trading services in which seller posts products to be auctioned and bidding is done via the Internet in the fields of pharmaceutical and veterinary preparations, sanitary preparations for medical purposes, dietetic substances adapted for medical use, food for babies, plasters, materials for dressings, disinfectants, preparations for destroying vermin, fungicides, herbicides, hand tools and hand-operated implements, and cutlery; ~~arranging commercial transactions for others, including within the framework of e-commerce retail trading services, including via the internet~~, On-line trading services in which seller posts products to be auctioned and bidding is done via the Internet in the fields of apparatus for lighting, heating, cooking, refrigerating, drying apparatus, paper, cardboard and goods made from these materials, printed matter, photographs, stationery, materials for packaging, vouchers, serviettes, paper tablecloths, goods for decorating the table, goods of wood, cork, wicker, plastics; ~~arranging commercial transactions for others, including within the framework of e-commerce retail trading services, including via the internet~~, On-line trading services in which seller posts products to be auctioned and bidding is done via the Internet in the fields of decoration accessories, decoration items and decoration material, seasonal decorations, celebration decorations, party and themed decorations games and playthings, household and kitchen utensils and containers, combs and sponges, brushes, articles for cleaning purposes, glassware, porcelain and earthenware, yarns and threads; ~~arranging commercial transactions for others, including within the framework of e-commerce retail trading services, including via the internet~~, On-line trading services in which seller posts products to be auctioned and bidding is done via the Internet in the fields of textiles and textile goods, bed and table covers, lace and embroidery, ribbons and braid, buttons, hook and eyes, pins and needles, artificial flowers, meat, fish, poultry and game, meat extracts, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and edible fats; ~~arranging commercial transactions for others, including within the framework of e-commerce retail trading services, including via the internet~~, Computerized on-line retail store services in the fields of, coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals, bread, pastry and confectionery, ices, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauce condiments, spices, ice, agricultural, horticultural and forestry products and grains; ~~arranging commercial transactions for others, including within the framework of e-commerce retail trading services, including via the internet,~~ Computerized on-line retail store services in the fields of, live animals, fresh fruits and vegetables, seeds, natural plants and flowers, foodstuffs for animals, malt, alcoholic and non-alcoholic beverages, syrups and other preparations for making beverages, smokers' requisites; On-line ordering services for third parties featuring {specify goods}; ~~presentation of goods on communication media, for retail purposes~~ Providing home shopping services in the field of {indicate field or type of goods} by means of {specify, e.g., television, mobile telephone, etc.}; promoting the goods and services of others; procurement of contracts for others for the purchase of goods and labor contracting services; compilation and systematization of information in databanks; the bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, enabling customers to conveniently view and purchase those goods in the field of {indicate field or type of goods}

Class 039: Transportation information; delivery of goods; transport brokerage; delivery of food by restaurants; distribution services, namely, delivery of {indicate field or type of goods, e.g. clothing, automotive parts, cosmetics}; delivery of foodstuffs and prepared meals; transport by {indicate specific means, e.g. ferry, boat, rail, air}

Class 043: Services for providing food and drinks; providing temporary accommodation; restaurant services, namely, supplying of meals for immediate consumption and preparation of take-away meals, namely, {specify, e.g., take-out restaurant services; food preparation and providing advice and information relating thereto; providing food, drinks and prepared meals for delivery or pick up; providing of information in the field of recipes via a database; all the aforesaid services also provided via electronic means ~~such as the internet~~

NOTES:

If applicant should fail to respond to this Office action within the six-month period for response, then the goods and/or services identified above will be deleted from the application. The application will then proceed with the remaining goods and/or service. 37 C.F.R. §2.65(a).

Identifications can be amended only to clarify or limit the goods and/or services; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07(a), 1904.02(b). In addition, for applications filed under Trademark Act Section 66(a), amendments to the identification are limited to goods and/or services in the international class(es) designated in the application as filed. See TMEP §§1402.03(d), 1402.07(a).

Thus, applicant can only amend the identification to include goods and/or services that are (1) within the scope of the identification in the application as filed, and (2) classified in an international class designated in the application as filed.

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. See TMEP §1402.04.

RESPONSES

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.

To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.

WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL PARTIAL REFUSAL: Any response to this provisional refusal must be personally signed by an individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant (e.g., a corporate officer or general partner). 37 C.F.R. §§2.62(b), 2.193(e)(2)(ii); TMEP §712.01. If applicant hires a qualified U.S. attorney to respond on his or her behalf, then the attorney must sign the response. 37 C.F.R. §§2.193(e)(2)(i), 11.18(a); TMEP §§611.03(b), 712.01. Qualified U.S. attorneys include those in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other federal territories and possessions of the United States. See 37 C.F.R. §§2.17(a), 2.62(b), 11.1, 11.14(a); TMEP §§602, 712.01. Additionally, for all responses, the proper signatory must personally sign the document or personally enter his or her electronic signature on the electronic filing. See 37 C.F.R. §2.193(a); TMEP §§611.01(b), 611.02. The name of the signatory must also be printed or typed immediately below or adjacent to the signature, or identified elsewhere in the filing. 37 C.F.R. §2.193(d); TMEP §611.01(b).

In general, foreign attorneys are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal). See 37 C.F.R. §11.14(c), (e); TMEP §§602.03-.03(b), 608.01.

DESIGNATION OF DOMESTIC REPRESENTATIVE: The USPTO encourages applicants who do not reside in the United States to designate a domestic representative upon whom any notice or process may be served. TMEP §610; see 15 U.S.C. §§1051(e), 1141h(d); 37 C.F.R. §2.24(a)(1)-(2). Such designations may be filed online at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

/Cheryl Clayton/

Cheryl Clayton

Trademark Attorney

United States Patent and Trademark Office

LO 102

571-272-9254

cheryl.clayton@uspto.gov

TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

All informal e-mail communications relevant to this application will be placed in the official application record.

WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.

PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.