UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 79192847
MARK: AMORE
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: OTG Enterprise Pte. Ltd.
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
OFFICE ACTION
INTERNATIONAL REGISTRATION NO. 1311705
STRICT DEADLINE TO RESPOND TO THIS NOTIFICATION: TO AVOID ABANDONMENT OF THE REQUEST FOR EXTENSION OF PROTECTION OF THE INTERNATIONAL REGISTRATION, THE USPTO MUST RECEIVE A COMPLETE RESPONSE TO THIS PROVISIONAL FULL 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 full refusal is the “Create/Mail Date” of the “IB-1rst Refusal Note.”
This is a PROVISIONAL FULL REFUSAL of the request for extension of protection of the mark in the above-referenced U.S. application. See 15 U.S.C. §1141h(c). See below in this notification (hereafter “Office action”) for details regarding the provisional full 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.
SUMMARY OF ISSUES that applicant must address:
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 2317663, 4665339 and 4782317. Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. A copy of the registrations is enclosed.
Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a potential consumer would be confused, mistaken, or deceived as to the source of the services of the applicant and registrant. See 15 U.S.C. §1052(d). A determination of likelihood of confusion under Section 2(d) is made on a case-by case basis and the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) aid in this determination. Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d 1344, 1349, 98 USPQ2d 1253, 1256 (Fed. Cir. 2011) (citing On-Line Careline, Inc. v. Am. Online, Inc., 229 F.3d 1080, 1085, 56 USPQ2d 1471, 1474 (Fed. Cir. 2000)). Not all the du Pont factors, however, are necessarily relevant or of equal weight, and any one of the factors may control in a given case, depending upon the evidence of record. Citigroup Inc. v. Capital City Bank Grp., Inc., 637 F.3d at 1355, 98 USPQ2d at 1260; In re Majestic Distilling Co., 315 F.3d 1311, 1315, 65 USPQ2d 1201, 1204 (Fed. Cir. 2003); see In re E. I. du Pont de Nemours & Co., 476 F.2d at 1361-62, 177 USPQ at 567.
In this case, the following factors are the most relevant: similarity of the marks, similarity and nature of the services, and similarity of the trade channels of the services. See In re Viterra Inc., 671 F.3d 1358, 1361-62, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012); In re Dakin’s Miniatures Inc., 59 USPQ2d 1593, 1595-96 (TTAB 1999); TMEP §§1207.01 et seq.
SIMILARITY OF THE MARKS
In a likelihood of confusion determination, the marks in their entireties are compared for similarities in appearance, sound, connotation, and commercial impression. In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973); TMEP §1207.01(b)-(b)(v).
Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the compared marks and create a similar overall commercial impression. See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works, 229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558, 560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii). Slight differences in the sound of similar marks will not avoid a likelihood of confusion. In re Energy Telecomm. & Elec. Ass’n, 222 USPQ 350, 351 (TTAB 1983); see In re Viterra Inc., 671 F.3d 1358, 1367, 101 USPQ2d 1905, 1912 (Fed. Cir. 2012).
Consumers are generally more inclined to focus on the first word, prefix, or syllable in any trademark or service mark. See Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F. 3d 1369, 1372, 73 USPQ2d 1689, 1692 (Fed. Cir. 2005); Presto Prods., Inc. v. Nice-Pak Prods., Inc., 9 USPQ2d 1895, 1897 (TTAB 1988) (“it is often the first part of a mark which is most likely to be impressed upon the mind of a purchaser and remembered” when making purchasing decisions).
Consumer confusion has been held likely for marks that do not physically sound or look alike but that convey the same idea, stimulate the same mental reaction, or may have the same overall meaning. Proctor & Gamble Co. v. Conway, 419 F.2d 1332, 1336, 164 USPQ 301, 304 (C.C.P.A. 1970) (holding MISTER STAIN likely to be confused with MR. CLEAN on competing cleaning products); see In re M. Serman & Co., 223 USPQ 52, 53 (TTAB 1984) (holding CITY WOMAN for ladies’ blouses likely to be confused with CITY GIRL for a variety of female clothing); H. Sichel Sohne, GmbH v. John Gross & Co., 204 USPQ 257, 260-61 (TTAB 1979) (holding BLUE NUN for wines likely to be confused with BLUE CHAPEL for the same goods); Ralston Purina Co. v. Old Ranchers Canning Co., 199 USPQ 125, 128 (TTAB 1978) (holding TUNA O’ THE FARM for canned chicken likely to be confused with CHICKEN OF THE SEA for canned tuna); Downtowner Corp. v. Uptowner Inns, Inc., 178 USPQ 105, 109 (TTAB 1973) (holding UPTOWNER for motor inn and restaurant services likely to be confused with DOWNTOWNER for the same services); TMEP §1207.01(b).
In the present case, the applicant’s mark is “AMORE” in stylized font. The registered marks are:
RN 2317663 - “AMORE” in stylized font
RN 4665339 - AMORE VENEZIANO in standard character
RN 4782317 - “AMORE” in stylized font with a small heart design
The applied for mark and the first and third cited marks each consists of the term AMORE in stylized font. The second cited mark is in standard character and therefore could be presented in the same manner of display as the registered mark. Also, because the second cited registration begins with the term in the applied-for mark, confusion is likely because the first part of a mark is the portion most likely to be impressed upon the mind of consumers and remembered when making purchasing decisions.
The applied-for mark and the first and third cited marks are virtually identical in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.” In re i.am.symbolic, Llc, 116 USPQ2d 1406, 1411 (TTAB 2015). Additionally, because they are virtually identical, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods. In re i.am.symbolic, Llc, 116 USPQ2d at 1411.
The applied-for mark and the second cited mark are virtually identical in part and in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.” In re i.am.symbolic, Llc, 116 USPQ2d 1406, 1411 (TTAB 2015). Additionally, because they are virtually identical in part, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods. In re i.am.symbolic, Llc, 116 USPQ2d at 1411.
Therefore, the marks are confusingly similar.
COMPARISON OF THE GOODS
Generally, the greater degree of similarity between the applied-for mark and the registered mark, the lesser the degree of similarity between the goods and/or services of the respective parties that is required to support a finding of likelihood of confusion. In re Davey Prods. Pty Ltd., 92 USPQ2d 1198, 1202 (TTAB 2009); In re Thor Tech, Inc., 90 USPQ2d 1634, 1636 (TTAB 2009).
The goods of the parties need not be identical or even competitive to find a likelihood of confusion. See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000) (“[E]ven if the goods in question are different from, and thus not related to, one another in kind, the same goods can be related in the mind of the consuming public as to the origin of the goods.”); TMEP §1207.01(a)(i).
The respective goods need only be “related in some manner and/or if the circumstances surrounding their marketing [be] such that they could give rise to the mistaken belief that [the goods] emanate from the same source.” Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); Gen. Mills Inc. v. Fage Dairy Processing Indus. SA, 100 USPQ2d 1584, 1597 (TTAB 2011); TMEP §1207.01(a)(i).
With respect to applicant’s and registrants’ goods, the question of likelihood of confusion is determined based on the description of the goods stated in the application and registration at issue, not on extrinsic evidence of actual use. See, e.g., Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-70, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012); Octocom Sys. Inc. v. Hous. Computers Servs. Inc., 918 F.2d 937, 942, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990).
In this case, neither the application nor the registrations contain any limitations regarding trade channels for the goods and therefore it is assumed that registrants’ and applicant’s goods are provided everywhere that is normal for such goods to be provided.
Applicant’s goods are identified as:
International Class 029:
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 fats; fruit-based snack foods; potato snack foods; fruit-based snack food; banana based snack food products; potato based snack food products; snack foods made from eggs; snack foods made from meat; snack foods consisting principally of meat; snack foods consisting principally of vegetables; snack foods made from dehydrated vegetables; snack foods made from dried vegetables; snack foods made from extruded vegetables; snack foods made from pre-cooked vegetables; snack food products consisting of chicken meat; potato products in the form of snack foods; snack food products made wholly or principally of potatoes; snack foods made from potatoes and wheat (potatoes predominating); processed nuts; roasted nuts; food products made from preserved fruits; food products made from preserved nuts; food products made from preserved vegetables; salted nuts; jellies; jams; nut products; nuts, prepared; food products made from cooked, dried and preserved nuts; mixtures of nuts and dried fruits; potato chips; potato sticks; edible seaweed; food products made from seaweeds; sugar coated peanuts
International Class 030:
Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice; cereal-based snack foods; biscuits; candy; chips cereal products; flour preparations for food; non-medicated sweets; cookies; crackers; nut confectionery; rice cakes; rusks; popcorn; roasted corn; cereal preparations; peanut confectionery; candy bars; cream crackers; prawn crackers; rice crackers; rice-based snack food; snack foods made from corn; snack foods made of wheat; snack foods prepared from grains; snack foods prepared from maize; cereal snack foods flavoured with cheese; potato flour based snack food products; snack food products made from cereals; snack food products made from rice; snack foods consisting principally of bread; snack foods made of whole wheat; snack foods prepared from potato flour; snack food products made from soya flour; flavourings for snack foods (other than essential oils); wafers (biscuits); rolled wafers (biscuits)
The registrations identify the following:
RN 2317663:
International Class 029:
Bottled or canned fruits; cherries in brandy; fruits in brandy; pastes in tubes, namely, garlic paste, anchovy paste, sun dried tomato paste, hot pepper paste; olive oil; processed artichokes; processed olives; roasted peppers
International Class 030:
Candies; mini babas au rhum; pesto paste, salad dressings, fruit syrup, hard candies, chocolates, pasta and filled pasta, vinegar, pasta sauce, clam sauce
RN 4665339:
International Class 029:
Meat, fish, poultry and game, not live; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; edible oils and fats; processed anchovies; ajvar, namely, preserved peppers; egg whites; albumen for culinary purposes; alginates for culinary purposes; salted meats; aloe vera prepared for human consumption; processed peanuts; spiny lobsters, not live; herrings, not live; broth; soups; fruit peel; game, not live; meat; preserved meat; pork; caviar; gherkins; foods prepared from fish, namely, pickled fish, fish mousse; preserved onions; cranberry sauce; compote; compotes; broth concentrates; shellfish, not live; jams; preserved garlic; meat, tinned or canned meat; tinned or canned fruits; vegetables, tinned or canned vegetables; tinned or canned fish; sauerkraut; silkworm chrysalis, for human consumption; croquettes, namely, chicken, salmon; crustaceans, not live; dried, processed, dates; mussels, not live; nonalcoholic egg nog; seaweed extracts for food; meat extracts; preserved soya beans, for food; fish meal for human consumption; preserved beans; liver; fermented milk for culinary purposes; fish fillets; potato flakes; cheese; potato fritters; milk shakes; fruit chips; frozen fruits; preserved fruit; fruit preserved in alcohol; stewed fruit; frosted fruits; preserved mushrooms; shrimps, not live; prawns, not live; lobsters, not live; crayfish, not live; meat jellies; unflavored and unsweetened gelatins; jellies for food; fruit jellies; edible fats; coconut fat; hummus, namely, chickpea paste; isinglass for food; vegetable soup preparations; kefir milk beverage; kimchi fermented vegetable dish; kumys; kumyss milk beverage; bacon; curd; albumin milk; lecithin for culinary purposes; preserved vegetables; cooked vegetables; dried vegetables; preserved lentils. fruit salads; vegetable salads; ground almonds; margarine; marmalade; fatty substances for the manufacture of edible fats, namely, oils and fats for food; animal marrow for food, fat-containing mixtures for bread slices, namely, oils and fats for food; vegetable mousses; fish mousses; edible birds' nests; dessicated coconut; prepared nuts; edible oils; olive oil for food; coconut oil; rape oil for food; sunflower oil for food; corn oil; palm kemel oil for food; edible bone oil; palm oil for food; linseed oil for culinary purposes; sesame oil; preserved olives; sea-cucumbers, not live; oysters, not live; whipped cream; cream being dairy products; tomato purée; liver pâté; potato chips; low-fat potato chips; pectin for culinary purposes; preserved fish; salted fish; preserved peas; poultry, not live; pollen prepared as foodstuff; preparations for making bouillon; preparations for making soup; rennet; fish, not live; charcuterie; ham; prostokvasha, namely, soured milk; apple purée; ryazhenka, namely, fermented baked milk; sausages; salmon, not live; sausages in batter; black pudding; sardines, not live; suet for food; processed sunflower seeds; processed seeds, namely, snack mix consisting of processed seeds, or of processed chia seeds, processed edible seeds, or pumpkin seeds; whey; smetana, namely, sour cream; fruit-based snack food; pickles; piccalilli; lard for food; vegetable juices for cooking; tomato juice for cooking; tahini, namely, sesame seed paste; preserved truffles; tofu; tuna fish, not live; tripe; egg yolks; eggs; snail eggs for human consumption; processed fish spawn; powdered eggs; raisins; toasted layer; clams, not live; ginger jam
International Class 030:
Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour; preparations made from cereals, namely, bread, muffins; bread, pastry; confectionery, namely, chocolate, pastilles; ices, namely, Italian ice, water ice, ice candies; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces; spices; ice; vinegar; beer vinegar; sea water for cooking; gluten additives for culinary purposes; seaweed condiment; oat-based food, namely, oatmeal; farinaceous foods, namely, farinaceous food pastes for human consumption; food starch; aniseed for use as a flavoring in food and drinnks; star aniseed; seasonings; coffee flavorings; flavourings; flavorings, other than essential oils; flavorings, other than essential oils, for beverages; flavorings, other than essential oils, for cakes; crushed oats; husked oats; high-protein cereal bars; cereal bars; stick licorice confectionery; tea-based beverages; baking soda, namely, bicarbonate of soda for cooking purposes; cookies; malt biscuits; petit-beurre biscuits; sweetmeats candy; buns; cocoa; cocoa beverages with milk; coffee; coffee beverages with milk; unroasted coffee; cinnamon spice; capers; caramel candy; peppermint sweets; cheeseburgers; sandwiches; clove spices; chow-chow condiment; chutney condiments; waffles; chicory coffee substitute; chocolate; aromatic preparations for food, namely, seasonings; condiments, namely, mustard; confectionery, namely, candy, candy bars; peanut confectionery; almond confectionery; pralines; corn flakes; sauces, namely, fruit coulis; crackers; cream of tartar for culinary purposes; custard; pancakes; macaroons pastry; turmeric for food; curry powder spice; semolina, namely, couscous; cakes; natural sweeteners; confectionery for decorating Christmas trees; preserved garden herbs as seasonings; essences for foodstuffs, except etheric essences and essential oils, namely, coffee essences, vanilla extract; malt extract for food. bean meal, namely, soya flour; wheat flour; corn meal; barley meal; potato flour for food; mustard meal; soya flour; tapioca flour for food; gruel, with a milk base, for food; hominy; meal, namely, corn meal, cracker meal, maize gluten meal; ferments for paste, namely, yeast; oat flakes; chips cereal products, namely, corn chips, flour based chips; groats for human food; pies; confectionery, namely, fondants; ices; fruit jellies; ham glaze; wheat germ for human consumption; edible ices; ice, natural or artificial; ice for refreshment; cake frosting; icing; glucose for culinary purposes; gluten additives for culinary purposes, prepared as foodstuff; chewing gum; milled corn; roasted corn; popcorn; halvah; dough; infusions, not medicinal, namely, herbal infusions, tea for infusions; spring rolls; thickening agents for cooking foodstuffs; ketchup; starch-based binding agents for ice cream; sausage binding materials, namely, starch-based binding agents for sausage; yeast; baking powder; food leavening agents; confectionery, namely, licorice; macaroni; mayonnaise; malt for human consumption; maltose for food; marinades; marzipan; molasses for food; mint for confectionery, namely, candy mints; honey; chocolate mousses; cakes; muesli; allspice; nutmeg; crushed barley; husked barley; gingerbread; bread; rusks; unleavened bread; breadcrumbs; bread rolls; royal jelly for food purposes; almond paste; soya bean paste; pastry; pasta; pastry, namely, pasties; noodle-based prepared meals; pastries; non-medicated lozenges; petits fours cakes; meat pies; pepper; pesto sauce; pizzas; cake powder, namely, cake flour; ice cream powder; cereal preparations, namely, bread crumbs; vegetal preparations for use as coffee substitutes; flour-milling products, namely, flour; meat tenderizers, for household purposes. preparations for stiffening whipped cream, namely, cream of tartar; bee glue, namely, propolis for human consumption; quiches; relish condiment; ravioli; rice; sago; cooking salt; celery salt; salt for preserving foodstuffs; tomato sauce; soya sauce; sauces condiments; dressings for salad; pasta sauce; sandwiches; pepper seasonings, namely, dried chili pepper, pepper spice; golden syrup; linseed for human consumption; oatmeal; processed semolina; hominy grits; mustard; cereal-based snack food; rice-based snack food; sorbets; spaghetti; spices; artificial coffee; meat gravies; sushi; tabbouleh; tacos; noodles; tapioca; tea; iced tea; tarts; rice cakes; tortillas; vanilla flavoring; flavouring; vanillin; vanilla substitute; vermicelli noodles; saffron seasoning; ginger spice; sugar; candy; palm sugar
International Class 043:
Providing of food and drink; arranging, providing, booking, and rental, of temporary accommodation; accommodation bureaux hotels, boarding houses; crèche services, namely, day nurseries; cafés; cafeterias; retirement homes; tourist homes; providing campground facilities; rental of temporary accommodation; canteen services; rental of lighting apparatus other than for theatrical sets or television studios, namely, decorating private residences; rental of cooking apparatus; rental of portable buildings; rental of drinking water dispensers; rental of meeting rooms; rental of chairs, tables, table linen, glassware; rental of tents; boarding for animals; boarding houses; making hotel reservations for others; reservation of temporary accommodation; making boarding house bookings for others; restaurants; self-service restaurants; hotels; bar services; providing temporary lodging at holiday camps; food and drink catering; motels; snack-bars
RN 4782317:
International Class 030:
Ice cream; Ice cream desserts; Ice cream drinks; Ice creams; Ice-cream; Ice-cream cakes
International Class 043:
Ice cream parlors; Ice cream shop services in the nature of a restaurant
In this case, the application and registrations identify identical goods without restrictions as to nature, type, channels of trade, or classes of purchasers. Therefore, it is presumed that these goods travel in all normal channels of trade, and are available to the same class of purchasers. See Midwestern Pet Foods, Inc. v. Societe des Produits Nestle S.A., 685 F.3d 1046, 1053, 103 USPQ2d 1435, 1440 (Fed. Cir. 2012). Accordingly, the goods of applicant and the registrants are considered related for purposes of the likelihood of confusion analysis.
PRIOR-PENDING APPLICATIONS ADVISORY
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION OF GOODS REQUIREMENT
In an application filed under Trademark Act Section 66(a), an applicant may not change the classification of goods and/or services from that assigned by the International Bureau of the World Intellectual Property Organization (International Bureau) in the corresponding international registration. 37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b). Therefore, any modification to this wording must identify goods in International Class 029 and 030, the classifications assigned by the International Bureau for these goods.
The following substitute wording is suggested, if accurate:
International Class 029:
International Class 30:
Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals, namely, {please specify the common commercial names of these goods}; bread, pastry and sugar confectionery; edible ices;
sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice; cereal-based snack foods; biscuits; candy; chips made of cereal [cereal products]; flour preparations for food; non-medicated sweets; cookies; crackers; nut confectionery; rice cakes;
rusks; popcorn; roasted corn; cereal preparations, namely, {please specify the common commercial names of these goods}; peanut confectionery; candy bars;
cream crackers; prawn crackers; rice crackers; rice-based snack food; snack foods made from corn; snack foods made of wheat; snack foods prepared from grains; snack foods prepared from maize; cereal
snack foods flavoured with cheese; potato flour based snack foods products; snack foods products made from cereals; snack foods products made from rice; snack
foods consisting principally of bread; snack foods made of whole wheat; snack foods prepared from potato flour; snack foods products made from soya flour; flavourings for snack foods, other than essential oils; wafers (biscuits);
rolled wafers (biscuits).
RESPONSE TO OFFICE ACTION
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. §2.191; 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.
WHO IS PERMITTED TO RESPOND TO THIS PROVISIONAL FULL 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 U.S. commonwealths or U.S. territories. 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.
/Justin Severson/
Examining Attorney
Law Office 111
571-272-6893
justin.severson@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.