Offc Action Outgoing

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 issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

Results of Trademark Act Section 2(d) Search

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).

Summary of Issues that Applicant Must Address

1. Requirement to Clarify the Identification of Goods and Services

2. Requirement for a Description of the Mark

3. Disclaimer Requirement

Requirement to Clarify the Identification of Goods and Services

The identification of goods and services is indefinite and must be clarified to further specify the type, nature, common commercial name, subject matter, or use of certain items, as indicated below. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03, 1904.02(c), (c)(ii).

In addition, the identification of goods and services in the application includes unacceptably broad wording from the class heading of one or more international classes that must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §§1401.02(a), 1401.08. The USPTO considers class headings, whose sole purpose is to indicate the subject matter and general scope of each international class of goods and/or services, to be too broadly worded to identify goods and/or services in a U.S. application. See In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296, 1298-99 (TTAB 1986), rev’d on other grounds, 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); TMEP §§1401.08, 1402.01(c), 1402.07(a).

For amendments to identifications consisting of class headings, the scope of the identification is limited by both the ordinary meaning of the words and the international class assigned by the International Bureau of the World Intellectual Property Organization. See 37 C.F.R. §2.85(d), (f); TMEP §§1402.06(a), (b), 1402.07(a), 1904.02(c).

Accordingly, applicant must amend the class heading(s) to identify specific goods and/or services that fall within (1) the ordinary meaning of the words specified in the class heading(s), and (2) the international classification of the heading(s). See 37 C.F.R. §2.32(a)(6); TMEP §§1402.06(a), (b), 1402.07(a), 1904.02(c).

Moreover, the identification of goods and services contains parentheses and brackets. Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed. See TMEP §1402.12. The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).” Id.

Therefore, applicant must remove the parentheses and brackets from the identification and incorporate any parenthetical or bracketed information into the description of the goods and services.

Applicant is also advised that applicant must correct the punctuation in the identification to clarify the individual items in the list of goods and services. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01(a). Proper punctuation in identifications is necessary to delineate explicitly each product or service within a list and to avoid ambiguity. Commas, semicolons, and apostrophes are the only punctuation that should be used in an identification of goods and/or services. TMEP §1402.01(a). An applicant should not use colons, periods, exclamation points, and question marks in an identification. Id. In addition, applicants should not use symbols in the identification such as asterisks (*), at symbols (@), or carets. Id.

In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.

Applicant is advised to delete or modify the following duplicate entries in the identification of goods and/or services: “beer pumps,” “food processors, electric,” and “food processors” in International Class 7, “point of sale terminals” and “teaching apparatus and instruments” in International Class 9, “beverage cooling apparatus” in International Class 11, “cookery books” in International Class 16, “brush-making materials,” “containers for household or kitchen use,” “household or kitchen utensils,” “candlesticks,” “oven mitts,” “basting spoons [cooking utensils],” “salad spinners,” and “strainers for household use” in International Class 21, “smetana [sour cream]” in International Class 29, “arrangement of transportation” and “provision of frozen storage facilities” in International Class 39, and “education services relating to cooking” and “education services relating to nutrition” in International Class 41. See generally TMEP §§1402.01, 1402.01(a). If applicant does not respond to this issue, be advised that the USPTO may remove duplicate entries from the identification prior to registration.

Applicant has included the term “or” in the identification of goods and/or services. However, this term is generally not accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services; (2) the nature of the goods and services is unclear; or (3) classification cannot be determined from such wording. See TMEP §1402.03(a).

An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant should replace “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identifications with the “or” deleted and the goods or services specified using definite and unambiguous language.

In addition, applicant should note the following class-specific issues:

International Class 9

Particular wording in the identification in the application is indefinite and must be clarified because it does not appear to describe any goods in the identified international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1904.02(c)(iii). Generally, a trademark examining attorney will recommend language to replace unacceptable wording in identifications of goods and/or services. See TMEP §1402.01(e). However, in this case, the trademark examining attorney is unable to suggest alternative wording because the text that follows in International Class 9 is indefinite and does not appear to describe any goods in the class: “data networks.” See TMEP §1904.02(c)(iii).

Applicant may respond by amending this wording to clarify the nature of the goods; however, any amendment to the identification must identify goods in International Class 9 and be within the scope of the wording in the initial application. See TMEP §§1402.01(c), 1402.07(a), 1904.02(c)(iii). The scope of the identification for purposes of permissible amendments is limited by the international class(es) assigned by the International Bureau of the World Intellectual Property Organization (International Bureau). 37 C.F.R. §2.85(f); TMEP §§1402.07(a), 1904.02(c). If an applicant amends to goods and/or services that are in a class other than that assigned by the International Bureau, the amendment will not be accepted because it would exceed the scope and those goods and/or services would no longer have a basis for registration under U.S. law. TMEP §§1402.01(c), 1904.02(c).

Alternatively, applicant may delete this unacceptable wording from the identification. See TMEP §1904.02(c)(iii)-(iv). However, once an application has been expressly amended to delete goods and/or services, those items generally may not later be re-inserted. See TMEP §1402.07(e).

If applicant believes the classification assigned by the International Bureau was in error, applicant may contact the International Bureau and request correction of, or recordation of a limitation to, the international registration. TMEP §1904.02(c)(iii)-(iv), (e)(i)-(e)(ii). However, filing such a request with the International Bureau is not considered a formal response to this Office action. See TMEP §1904.02(c)(iv), (e)(iii). Applicant must also file a timely and complete response to this Office action, stating that applicant has filed a request for a correction or to record a limitation with the International Bureau that will resolve the outstanding issue. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§711, 718.03, 1904.02(c)(iii)-(iv), (e)(iii). The response should include (1) a copy of the request for correction or limitation filed with the International Bureau and (2) a request to suspend action on the application, which will normally be granted under such circumstances. See TMEP §§716.02(g), 1904.02(c)(iii)-(iv).

International Class 16

The wording “bags and articles for packaging, wrapping and storage of paper, cardboard or plastics” in the identification of goods must be clarified because it is too broad and could include goods in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. For example, it could include articles for storage of paper, cardboard, or plastic in the nature of “paper boxes and cardboard boxes for storage” in International Class 16 and “plastic boxes for storage” in International Class 20. Therefore, applicant must amend the current language to specify the types of “articles” using generic names and to list the particular items of paper, cardboard and plastics in separate clauses, ensuring that applicant identifies goods classified in International Class 16 only. In addition, applicant must not use the indefinite term “or” in the amended identification.

Particular wording in the identification in the application is indefinite and must be clarified because it does not appear to describe any goods in the identified international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1904.02(c)(iii). Generally, a trademark examining attorney will recommend language to replace unacceptable wording in identifications of goods and/or services. See TMEP §1402.01(e). However, in this case, the trademark examining attorney is unable to suggest alternative wording because the text that follows in International Class 16 is indefinite and does not appear to describe any goods in the class: “plastic containers for take-away food.” See TMEP §1904.02(c)(iii).

Applicant may respond by amending this wording to clarify the nature of the goods; however, any amendment to the identification must identify goods in International Class 16 and be within the scope of the wording in the initial application. See TMEP §§1402.01(c), 1402.07(a), 1904.02(c)(iii). The scope of the identification for purposes of permissible amendments is limited by the international class(es) assigned by the International Bureau of the World Intellectual Property Organization (International Bureau). 37 C.F.R. §2.85(f); TMEP §§1402.07(a), 1904.02(c). If an applicant amends to goods and/or services that are in a class other than that assigned by the International Bureau, the amendment will not be accepted because it would exceed the scope and those goods and/or services would no longer have a basis for registration under U.S. law. TMEP §§1402.01(c), 1904.02(c).

International Class 21

The wording “such as” in the identification of goods is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.” See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). The identification must be specific and all-inclusive. This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific goods. See TMEP §1402.03(a).

In addition, the wording “included in the class” in the identification of goods is indefinite because classification may change over time, and must be deleted. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must instead ensure that the identification includes items classified in the international class assigned by the International Bureau.

Particular wording in the identification in the application is indefinite and must be clarified because it does not appear to describe any goods in the identified international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1904.02(c)(iii). Generally, a trademark examining attorney will recommend language to replace unacceptable wording in identifications of goods and/or services. See TMEP §1402.01(e). However, in this case, the trademark examining attorney is unable to suggest alternative wording because the text that follows in International Class 21 is indefinite and does not appear to describe any goods in the class: “noodle machines, hand-operated.” See TMEP §1904.02(c)(iii).

Applicant may respond by amending this wording to clarify the nature of the goods; however, any amendment to the identification must identify goods in International Class 21 and be within the scope of the wording in the initial application. See TMEP §§1402.01(c), 1402.07(a), 1904.02(c)(iii). The scope of the identification for purposes of permissible amendments is limited by the international class(es) assigned by the International Bureau of the World Intellectual Property Organization (International Bureau). 37 C.F.R. §2.85(f); TMEP §§1402.07(a), 1904.02(c). If an applicant amends to goods and/or services that are in a class other than that assigned by the International Bureau, the amendment will not be accepted because it would exceed the scope and those goods and/or services would no longer have a basis for registration under U.S. law. TMEP §§1402.01(c), 1904.02(c).

The wording “ice pop” in the identification of goods is the singular form of a registered mark not owned by applicant; accordingly, applicant must amend the identification to delete this wording and, if not already included in the identification, provide the common commercial or generic name of the goods. TMEP §1402.09; see 37 C.F.R. §2.32(a)(6); Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958). See a copy of U.S. Registration No. 2872986 at Attachment 1.

Identifications of goods and/or services should generally be comprised of generic everyday wording for the goods and/or services, and exclude proprietary or potentially-proprietary wording. See TMEP §§1402.01, 1402.09. A registered mark indicates origin in one particular party and so may not be used to identify goods or services that originate in a party other than that registrant. TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1).

International Class 39

Particular wording in the identification in the application is indefinite and must be clarified because it does not appear to describe any services in the identified international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1904.02(c)(iii). Generally, a trademark examining attorney will recommend language to replace unacceptable wording in identifications of goods and/or services. See TMEP §1402.01(e). However, in this case, the trademark examining attorney is unable to suggest alternative wording because the text that follows in International Class 39 is indefinite and does not appear to describe any services in the class: “filling of vending machines” and “refilling of vending machines.” See TMEP §1904.02(c)(iii).

Applicant may respond by amending this wording to clarify the nature of the services; however, any amendment to the identification must identify services in International Class 39 and be within the scope of the wording in the initial application. See TMEP §§1402.01(c), 1402.07(a), 1904.02(c)(iii). The scope of the identification for purposes of permissible amendments is limited by the international class assigned by the International Bureau of the World Intellectual Property Organization (International Bureau). 37 C.F.R. §2.85(f); TMEP §§1402.07(a), 1904.02(c). If an applicant amends to goods and/or services that are in a class other than that assigned by the International Bureau, the amendment will not be accepted because it would exceed the scope and those goods and/or services would no longer have a basis for registration under U.S. law. TMEP §§1402.01(c), 1904.02(c).

International Class 41

Particular wording in the identification in the application is indefinite and must be clarified because it does not appear to describe any services in the identified international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1904.02(c)(iii). Generally, a trademark examining attorney will recommend language to replace unacceptable wording in identifications of goods and/or services. See TMEP §1402.01(e). However, in this case, the trademark examining attorney is unable to suggest alternative wording because the text that follows in International Class 41 is indefinite and does not appear to describe any services in the class: “Writing of recipes and cooking instructions, including ones that can be cooked using individually compiled combinations of foodstuffs that are provided” and “writing of texts, including cooking instructions and recipes, other than publicity texts.” See TMEP §1904.02(c)(iii).

Applicant may respond by amending this wording to clarify the nature of the services; however, any amendment to the identification must identify services in International Class 41 and be within the scope of the wording in the initial application. See TMEP §§1402.01(c), 1402.07(a), 1904.02(c)(iii). The scope of the identification for purposes of permissible amendments is limited by the international class assigned by the International Bureau of the World Intellectual Property Organization (International Bureau). 37 C.F.R. §2.85(f); TMEP §§1402.07(a), 1904.02(c). If an applicant amends to goods and/or services that are in a class other than that assigned by the International Bureau, the amendment will not be accepted because it would exceed the scope and those goods and/or services would no longer have a basis for registration under U.S. law. TMEP §§1402.01(c), 1904.02(c).

International Class 43

The wording “Supplying of meals in the form of prepared food kits ready for cooking and assembly as a meal for immediate consumption, namely meals made of meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts (fruits), eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables (including nuts (fruits), pulses), jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beer, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages (except beers), including in pre-portioned form, including for enabling meals to be cooked according to specific recipes, including enclosed recipes” in the identification of services is indefinite and must be clarified because (a) the term “supplying of” is indefinite in International Class 43, in that it could include services in other international classes, such as retail store services in International Class 35 and delivery services in International Class 39 and (b) the description of “prepared food kits ready for cooking and assembly as a meal for immediate consumption” does not make sense because a food kit that requires “cooking and assembly” cannot be immediately consumed. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Generally, a trademark examining attorney will recommend acceptable substitute wording for unacceptable identifications of goods and/or services. In this case, however, because the nature of the services is unclear from the application record, the trademark examining attorney is unable to suggest any alternative wording. See TMEP §1402.01(e). Applicant must either amend the current wording to clearly specify services in International Class 43 or applicant must delete the current wording from the identification.

The wording “including for enabling meals to be cooked according to specific recipes, including enclosed recipes” in the second clause of identification of services that begins “providing of food and beverages and/or combinations of food and beverages, namely . . .” is indefinite and must be clarified because the wording “providing of food and beverages” in International Class 43 concerns the provision of food and beverages for immediate consumption, and does not encompass food and beverages that require preparation by the end user. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant must delete “including for enabling meals to be cooked according to specific recipes, including enclosed recipes” from the identification.

The wording “including for enabling meals to be cooked according to specific recipes, including enclosed recipes, by means of vending machines” in the third clause of the identification of services that begins “catering services” is indefinite and must be clarified because “catering services” are not offered via vending machines. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant must delete “including for enabling meals to be cooked according to specific recipes, including enclosed recipes, by means of vending machines” from the identification.

The wording “providing of online consultancy and information in relation to recipes, foodstuffs and beverages, and in relation to recommendations for wines with meals” in the identification of services must be clarified because it is too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Consultancy and information services are classified according to subject matter. TMEP §§1402.11(b), (e). For example, this wording could encompass “providing of online consultancy and information in relation to recipes, food preparation and beverage preparation and recommendations for wines with meals for wine appreciation purposes” in International Class 43 providing of online consultancy and information in relation to food and beverage nutrition” in International Class 44. Therefore, applicant must amend the current wording to more particularly identify the subject matter of the “foodstuffs and beverages, and in relation to recommendations for wines with meals” in International Class 43.

International Class 45

The wording “offering individual cooking, cuisine, eating and drinking experiences” in the identification of services must be clarified because it is too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. For example, this wording could encompass “providing individual cooking classes” in International Class 41 and “personal chef services” in International Class 45. Therefore, applicant must clarify the nature of the services in International Class 45. Applicant must also identify these services in a separate clause from the previous category of services.

Scope Advisory

Suggested Amendments

Applicant should note that any wording in bold or in bold italics below offers guidance and/or shows the changes being proposed for the identification of goods and/or services. If there is wording in applicant’s version of the identification of goods and/or services that should be removed, it will be shown in bold with a line through it such as this: ~~strikethrough~~. Applicant should enter its amendments in standard font.

Applicant may adopt the following identification of goods and services, if accurate:

International Class 5: Foodstuffs and dietetic substances for medical or veterinary purposes, namely, {specify types in Class 5, e.g., dietetic foods and beverages and dietary supplements, all adapted for medical or veterinary use}; infant formula; dietary supplements for humans; {specify types of plasters, e.g., medical} plasters; materials for dressings, namely, {specify types in Class 5 using generic names, e.g., medical and surgical dressings}; dietetic preparations, namely, {specify types in Class 5, e.g., dietetic foods and beverages adapted for medical use, nutritional supplements}; food supplements; nutritional supplements; powdered fruit-flavored dietary supplement drink mix; meal replacement powders, namely, {specify the nature of the meal replacement powders, e.g., meal replacement drink mixes adapted for medical use}; vitamins; vitamin preparations; food for babies; dietetic substances for babies and infants, namely, {specify the nature of the dietetic substances, e.g., baby foods}; beverages for infants, namely, {specify the nature of the beverages, e.g., infant formula}; powdered milk for babies; substitutes for mothers milk, namely, {specify the nature of the substitutes, e.g., infant formula}; dietary fibre ~~(dietary -)~~ {indicate purpose of the goods, e.g., to aid digestion}; food for diabetics, namely, {specify the nature of the food, e.g., dietetic foods and beverages adapted for medical use for diabetics}; artificial sweeteners adapted for diabetics in the nature of {specify the nature of the goods, e.g., dietetic foods adapted for medical use}

International Class 7: Machines and machine tools, namely, {specify types in Class 7 using generic names, e.g., boring machines and machine tools for crushing rock}; cutters being powered by mains electricity or batteries, namely, {specify nature of the cutters in Class 7, e.g., electric pizza cutters}; bread cutting machines; filters for {specify type of machine or industry, food processing} machines; electric machines for grinding ~~[electric]~~ {indicate use, e.g., meat}; electric knives; knife-sharpening machines; stropping machines; electric shears; parts of machines, namely, blades ~~[parts of machines]~~; crushing machines for {indicate use, e.g., commercial food processing}; pulping machines; crushers for kitchen use, electric; electric ice crushing machines; grinding machines for {indicate use, e.g., grinding food}; electric machines for grinding ~~[electric]~~ {indicate use, e.g., food}; electric spice grinders ~~(electric -)~~; food and beverage processing and preparation machines and apparatus, namely, {specify types in Class 7 using generic names, e.g., electric food processors, electric mixers}; automatic packing machines for food; beer pumps; ~~beer pumps,~~ bread moulding machines; egg slicing machines; juice extracting machines; electric fruit juice extractors; electric meat slicers for kitchen use; power-operated meat grinders; electric fruit squeezers; electric juicers; electric vegetable peelers; electric household utensils, namely, {specify types in Class 7 using generic names, e.g., electric knives}; electric mixers for household purposes; electric milk frothers; power-operated coffee grinders; food processors, electric; electric food processors; ~~food processors, electric, food processors,~~ electric kitchen tools, namely, {specify the type of goods, e.g., crushers, kitchen grinders}; ~~food processors, electric,~~ electric machines for processing foodstuffs; electric food grinders; {specify type, e.g., egg} beaters, electric; electric dough kneading machines ~~(electric -)~~; electric carving knives; electric can openers; machines, namely, electric fruit corers ~~(machines)~~; vegetable cutting machines; machines for peeling vegetables; apparatus for aerating beverages; grating machines for {indicate use, e.g., vegetables} for household use; automatic vending machines; vending machines; dispensing machines, namely, {specify nature in Class 7, e.g., vending machines}; refrigerated vending machines

International Class 8: Hand tools and hand-operated implements, ~~(hand-operated)~~ namely, {specify types in Class 8 using generic names, e.g., augers, clamps, planes, drills, files, wrenches, screwdrivers}; cutlery; side arms, not including firearms, namely, {specify types in Class 8 using generic names, e.g., swords and hunting knives}; razors; hand-operated food processors; kitchen knives; {specify nature of cutting tools in Class 8, e.g., hand-operated}cutting tools; table cutlery, namely, ~~[knives, forks and spoons]~~ knives, forks and spoons; oyster openers; boxes specially adapted for {further specify function, e.g., the storage of} cutlery; biodegradable forks; biodegradable spoons; biodegradable knives; biodegradable cutlery; butter knives; can openers, non-electric; {indicate nature in Class 8, e.g., non-electric} egg slicers; disposable tableware, namely, ~~[cutlery]~~ cutlery made of plastics; cutlery of precious metals; cutlery for use by children; fish scalers; scaling knives; non-electric fruit peelers; forks; spoons; {specify types, e.g., kitchen and table}knives; {indicate nature in Class 8, e.g., non-electric} vegetable slicers; {indicate nature in Class 8, e.g., non-electric} vegetable cutters; hand-operated bread knives ~~[hand operated]~~; hand-operated bread slicers ~~[hand-operated]~~; household knives; {indicate nature in Class 8, e.g., non-electric} cheese slicers; cheese knives; masons' trowels; kitchen knives; egg slicers, non-electric; pizza slicers; hand tools, namely, rammers ~~[hand tools]~~; cake cutters; choppers, namely, ~~[knives]~~ {specify type of chopping knives, e.g., kitchen} knives; animal slaughtering and butchering implements, namely, {specify the type in Class 8 using generic names, e.g., butcher knives, cleavers}; fishing pliers; fishing knives; butcher knives; cleavers; hunting knives; pruning scissors; fireplace pokers; hand tools, namely, fireplace bellows ~~[hand tools]~~; fireplace shovels; fireplace tongs; fire irons; apple corers; fruit corers; vegetable corers

International Class 9: Scientific apparatus and instruments, namely, {specify types in Class 9 using generic names, e.g., laboratory glassware, pipettes and laboratory storage tubes}; nautical apparatus and instruments, namely, {specify types in Class 9 using generic names, e.g., marine compasses and marine depth finders}; surveying apparatus and instruments; photographic apparatus and instruments, namely, {specify types in Class 9 using generic names, e.g., cameras and exposure meters}; cinematographic apparatus and instruments; optical apparatus and instruments, namely, {specify types in Class 9 using generic names, e.g., optical readers, optical scanners and optical sensors}; weighing apparatus and instruments; measuring apparatus and instruments, namely, {specify types in Class 9 using generic names, e.g., bevels, angle finders, and distance measuring apparatus}; signaling apparatus and instruments, namely, {specify types in Class 9 using generic names, e.g., signal bells and signal buoys}; checking ~~(supervision),~~ life-saving apparatus and instruments, namely, {specify types in Class 9 using generic names, e.g., graduation checkers}; life-saving rescue apparatus and instruments, namely, {specify types in Class 9 using generic names, e.g., life jackets and life preservers}; teaching apparatus and instruments, namely, {specify types in Class 9 using generic names, e.g., medical teaching mannequins}; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; blank magnetic data carriers; prerecorded magnetic data carriers featuring {specify subject matter, e.g., recipes and food preparation information}; recording discs, namely, {specify types and subject matter or that goods are blank, e.g., blank optical discs; compact discs featuring recipes and food preparation information}; compact discs and DVDs featuring {specify subject matter, e.g., recipes and food preparation information}; ~~and other~~ digital recording media, namely, {specify types, e.g., downloadable audio and video recordings} featuring {specify subject matter of the goods, e.g., recipes and food preparation information}; mechanisms for coin-operated apparatus; data processing equipment, computers; computer software for {specify function of the software, e.g., searching recipes and food preparation information}; {specify type of databases in Class 9, e.g., downloadable} computer databases in the field of {specify subject matter of the databases, e.g., recipes and food preparation information}; electronic databases ~~(electronic)~~ in the field of {specify subject matter of the databases, e.g., recipes and food preparation}, recorded on computer media; {specify type of databases in Class 9, e.g., downloadable electronic} recipe databases; electronic databases for recipes, recorded on computer media; audio books in the field of {specify subject matter, e.g., recipes and food preparation}; electronic publications recorded on computer media, namely, {specify types of publications, e.g., books, magazines and newsletters} in the field of {specify subject matter, e.g., recipes and food preparation}; {specify type in Class 9, e.g., downloadable}digital books in the field of {specify subject matter, e.g., recipes and food preparation}; {specify type in Class 9, e.g., downloadable} digital cookery books; handbooks, namely, manuals ~~(handbooks)~~ in {specify electronic format in Class 9, e.g., downloadable} electronic format in the field of {specify subject matter, e.g., recipes and food preparation}; pre-recorded compact discs in the field of {specify subject matter, e.g., recipes and food preparation}; pre-recorded DVDs in the field of {specify subject matter, e.g., recipes and food preparation}; electronic publications, downloadable, namely, {specify types of publications, e.g., books, magazines and newsletters} in the field of {specify subject matter, e.g., recipes and food preparation}; downloadable electronic cookery books; downloadable {specify format, e.g., electronic data files} featuring recipes; {specify electronic format in Class 9, e.g., downloadable} electronic newsletters in the field of {specify subject matter, e.g., recipes and food preparation}; downloadable mobile coupons; downloadable educational course materials in the field of {specify subject matter, e.g., recipes and food preparation}; downloadable course materials for cookery courses; audio visual recordings in the field of {specify subject matter, e.g., recipes and food preparation}; software for {specify function of the software, e.g., searching recipes and food preparation information}; computer programs, namely, ~~[downloadable software]~~ downloadable software for {specify function of the software, e.g., searching recipes and food preparation information}; games software; computer software for ordering goods; computer software for ordering foodstuffs and meals; software enabling {specify subject matter of the information, e.g., recipe and food preparation} information to be provided via the internet; software enabling recipes to be provided via the internet; software for mobile phones for {specify function of the software, e.g., searching recipes and food preparation information}; software for tablet computers for {specify function of the software, e.g., searching recipes and food preparation information}; software for mobile telephones enabling foodstuffs and meals to be ordered; software for tablets enabling foodstuffs and meals to be ordered; mobile ~~apps~~ {clarify nature of “apps”, e.g., software applications} for ordering foodstuffs and meals; communication software for connecting computer network users; computer networking and data communications equipment, namely, {specify types in Class 9 using generic names, e.g., network routers, modems}; ~~data networks;~~ electrical and mechanical data processing equipment and accessories ~~(electrical and mechanical)~~, namely, {specify types in Class 9 using generic names, e.g., computers, computer peripherals}; ticket dispensers, namely, {specify nature of the goods in Class 9, e.g., video lottery ticket dispensers}; {clarify nature of “terminals,” e.g., computer} terminals for payment transactions; automated teller machines ~~[ATM]~~ (ATM); point of sale ~~apparatus~~ {clarify nature of the “apparatus,” e.g., terminals}; credit card terminals {clarify nature of the goods, e.g., being point of sale terminals}; ~~point of sale apparatus;~~ peripherals adapted for use with computers; computers; computer hardware; audio/visual and photographic devices, namely, {specify types in Class 9 using generic names, e.g., audio speakers, video projectors, photographic cameras}; computer screens; LCD screens; {clarify nature, e.g., flat panel} display screens; smartphones; tablet computers; magnetically encoded {specify type, e.g., gift}cards; optical spectacles ~~[optics]~~; sunglasses~~; teaching apparatus and instruments~~

International Class 11: Apparatus for lighting, namely, {specify types in Class 11 using generic names, e.g., lamps and lighting fixtures}; apparatus for heating, namely, specify types in Class 11 using generic names, e.g., electric space heaters}; steam generating apparatus, namely, {specify types in Class 11 using generic names, e.g., steam generators}; apparatus for cooking, namely, {specify types in Class 11 using generic names, e.g., cooking ovens, electric stoves, gas ranges}; refrigerating apparatus, namely, {specify types in Class 11 using generic names, e.g., refrigerators}; drying apparatus, namely, {specify types in Class 11 using generic names, e.g., clothes dryers}; ventilating apparatus, namely, {specify types in Class 11 using generic names, e.g., ventilating exhaust fans}; apparatus for water supply and sanitary purposes, namely, {specify types in Class 11 using generic names, e.g., sinks, toilets, bathtubs}; flaming torches, namely, {specify nature/purpose of the goods, e.g., butane torches for cooking}; garden lighting, namely, {specify types in Class 11, e.g., landscaping lighting installations}; strings of lights for {indicate purpose, e.g., festive decoration}; electric torches for {indicate purpose in Class 11, e.g., lighting}; lanterns for lighting; food and beverage cooking, heating, cooling and treatment equipment, namely, {specify types in Class 11 using generic names, e.g., gas stoves, electric ovens, refrigerators}; exhaust hoods for kitchens; installations for cooking, namely, {specify types in Class 11 using generic names, e.g., gas stoves, electric ovens}; beverage cooling apparatus; baking ovens; barbecue apparatus, namely, {indicate nature of goods, e.g., barbecues}; heated display units, namely, {clarify nature of goods, e.g., heater display cabinets}; cooking apparatus, namely, {clarify nature/use of the “spits”, e.g., roasting spits for cooking ovens} ~~[cooking apparatus]~~; bread baking machines; camping stoves in the nature of {clarify nature of goods, e.g. portable stoves}; food steamers, electric; {clarify nature of goods, e.g., electric} steam cookers; {clarify nature of goods, e.g., electric} egg cookers; ice cream makers; electric coffee brewers; electric beverage heaters; electric broilers; electrical hot plates for food warming; cooking utensils, electric, namely, {specify the type of goods, e.g., electrically-heated kitchen knives}; fondues [~~cooking apparatus]~~ being cooking apparatus, namely, {clarify nature of goods, e.g., fondue pots with heat source}; {clarify nature of goods, e.g., deep} frying machines; gas operated apparatus for cooking, namely, {specify types in Class 11 using generic names, e.g., gas stoves, gas ovens}; gas cookers; installations for heating foodstuffs, namely, {specify types in Class 11 using generic names, e.g., microwave ovens}; apparatus for keeping hot drinks warm, namely, {specify types in Class 11 using generic names, e.g., electric beverage warmers}; ~~beverage cooling apparatus;~~ barbecue lighting apparatus, namely, {specify types in Class 11 using generic names, e.g., utility lighters for lighting barbecue grills}; warming pans for {clarify use, e.g., beds}; braziers, namely, {specify the type of goods, e.g., portable fire pits}; roasting spits for {clarify use, e.g., cooking ovens}; charcoal grills; water filtration jugs; filters for water ~~filter~~ {clarify type of jugs, e.g., filtration} jugs; cooking apparatus and installations, namely, {specify types in Class 11 using generic names, e.g., cooking ovens}; cooking hobs, namely, {specify the type of goods, e.g., electric cooktops}; refrigerating cabinets; {clarify nature of counters, e.g., modular} refrigerated counters and display cabinets for foodstuffs; microwave machines in the nature of {clarify nature of the goods, e.g., microwave ovens}; {clarify nature of goods, e.g., electric} popcorn makers; raclette sets, namely, {specify the type of goods, e.g., barbecue grills}; {clarify nature of goods, e.g., electric} rice cookers; {clarify nature of goods, e.g., electric} hot sandwich toasters; plate warmers; {clarify nature of goods, e.g., electric} toasters; {clarify nature of goods, e.g., electric} waffle irons; hotplates; refrigerated beverage dispensing units ~~[other than vending]~~ other than for vending; electric fires, namely, {specify the common commercial name, e.g., electric fireplaces}; hot water bottles; refrigerating and freezing equipment, namely, {specify types in Class 11 using generic names, e.g., refrigerators and freezers}; freezers; cooling apparatus, namely, {specify types in Class 11 using generic names, e.g., air cooling apparatus}; ice machines; ice cube making machines; ice boxes; deep freezing apparatus in the nature of {clarify nature of goods, e.g., freezers}; apparatus for dispensing chilled beverages, namely, {specify the type of goods, e.g., refrigerated beverage dispensing units}; refrigerating {clarify nature, e.g., shipping} containers; cooling elements, namely, {specify the common commercial name, e.g., cooling evaporators}

International Class 16: Paper, and cardboard; printed matter, namely, {specify types in Class 16 using generic names and subject matter, e.g., books, magazines and newsletters in the field of recipes and food preparation}; bookbinding material; photographs; stationery and office requisites, ~~except furniture~~ namely, {specify non-furniture types in Class 16 using generic names, e.g., punches and staplers}; adhesives for stationery or household purposes; artists' and drawing materials, namely, {specify types in Class 16 using generic names, e.g., canvas panels for painting, drawing instruments}; paint brushes; printed teaching materials ~~[except apparatus]~~ in the field of {specify subject matter, e.g., recipes and food preparation}; plastic sheets, films and bags for wrapping and packaging; printing types and blocks; decoration and art materials and media, namely, {specify types in Class 16 using generic names, e.g., paper party decorations, paper cake toppers, canvas panels for painting, drawing instruments}; gift wrap paper; {clarify nature of the goods, e.g., decorative paper garlands for parties}; paper decorations for parties; writing or drawing books; tablecloths of paper; {specify material composition, e.g., paper} bags and ~~articles~~ {specify type of “articles” in Class 16, e.g., boxes} for packaging, wrapping and storage ~~of paper, cardboard or plastics~~; plastic bags for wrapping and packaging; cardboard boxes for packaging, wrapping, and storage; rubbish bags; cardboard household storage boxes; cartons of cardboard for packaging; containers of ~~card~~ {clarify material composition, e.g., cardboard} for packaging; bags made of plastics for packaging; bags made of paper for packaging; paper containers for take-away food; ~~plastic containers for take-away food;~~ plastic shopping bags; shopping bags made of paper; packaging materials made of cardboard; ice cube bags, namely, {specify material composition/purpose of the goods, e.g., plastic bags for packaging ice cubes}; bottle wrappers of paper or cardboard; plastic film for wrapping; food wrapping plastic film; paper lunch bags; freezer bags; padded bags of paper; paper gift tags; gift cartons of {indicate material composition in Class 16, e.g., paper and cardboard}; gift bags; plastic food storage bags for household use; food wrappers; plastic bubble packs ~~(plastic -)~~ for wrapping or packaging; paper cartons for delivering goods; pens; pencils; ball pens; manuals for instructional purposes in the field of {specify subject matter, e.g., recipes and food preparation}; printed {clarify nature, e.g., educational} materials for cookery courses; scrapbooks; calendars; stationery, namely, stickers ~~[stationery]~~; printed advertising boards of cardboard; pamphlets in the field of {specify subject matter, e.g., recipes and food preparation}; {clarify nature, e.g., informational} flyers in the field of {specify subject matter, e.g., recipes and food preparation}; books in the field of {specify subject matter, e.g., recipes and food preparation}; cookery books; coupon books; printed coupons; paper gift cards; {clarify format in Class 16, e.g., printed}discount coupons; {clarify format in Class 16, e.g., printed} periodicals in the field of {specify subject matter, e.g., recipes and food preparation}; catalogues in the field of {specify subject matter, e.g., cooking equipment}; posters; {clarify format in Class 16, e.g., printed} menu cards; printed ~~recipes~~ {clarify format of recipes in Class 16, e.g., recipe cards}; ~~cookery books;~~ recipe binders; parchment paper; document folders; note pads; notebooks; signboards of paper or cardboard; disposable paper products, namely, {specify types in Class 16 using generic names, e.g., paper towels, paper napkins, paper tablecloths}; kitchen rolls, namely, ~~[paper]~~ {clarify nature of goods, e.g., paper towels}; paper doilies; paper hand towels; table napkins of paper; place cards; coasters of paper and cardboard

International Class 21: Household or kitchen ~~utensils and~~ containers; household or kitchen utensils, namely, {specify types in Class 21 using generic names, e.g., graters, sieves, spatulas}; combs and sponges for {clarify purpose, e.g., household purposes}; brushes, ~~(except paint brushes)~~ namely, {specify types in Class 21 other than for painting, e.g., cleaning brushes for household use}; brush-making materials; articles for cleaning purposes, namely, {specify types in Class 21 using generic names, e.g., mops, brooms, buckets}; unworked or semi-worked glass ~~(except glass used in building)~~ except glass used in building; glassware, porcelain and earthenware, namely, {specify types in Class 21 using generic names, e.g., beverage glassware and dishes of porcelain and earthenware}; statues, figurines, plaques and works of art, made of ~~materials such as~~ porcelain, terra-cotta or glass~~, included in the class~~; boxes made of ceramic, earthenware or enamelled glass for household use; window-boxes; flower bowls; vases; gardening gloves; watering cans; brushes and other articles for cleaning, namely, {specify types in Class 21, e.g., cleaning brushes for household use, brooms, mops}~~brush-making materials~~; buckets for household purposes; brooms; dust-pans; kitchen sponges; household plastic gloves; basins, namely, ~~[bowls]~~ bowls; sponges for household purposes; soap dispensers; dishwashing brushes; funnels; tableware, cookware and containers, namely, specify types in Class 21 using generic names, e.g., dishes, pots, pans and kitchen containers}; dustbins; dish drying racks; glass storage jars; ramekins; cookie ~~[biscuit]~~ cutters; baking tins, namely, {specify the type of baking tins, e.g., cake tins, pie tins}; cookery molds ~~[moulds]~~; baking mats; pastry brushes; baking dishes; fruit muddlers; mugs; containers for household or kitchen use; biodegradable bowls; biodegradable plates; boxes for sweetmeats; roasting dishes; skillets; cooking ~~pins~~ {clarify nature of “pins,” e.g., skewers}of metal ~~(cooking -)~~; pots; bread bins; bread baskets for household purposes; mushroom brushes; butter dishes; double boilers; hot pots, not electrically heated; steamer baskets; decorative china {specify the type of china, e.g., centerpieces}; cooking utensils, namely, wire baskets ~~[cooking utensils]~~; egg cups; egg separators, non-electric, for household purposes; buckets; carboys, namely, glass jars (~~glass -) [carboys]~~; disposable paperboard bakeware; disposable table plates; ice cream scoops; ice cube moulds ~~(moulds)~~; cruets; chopsticks; strainers for household use; bottles, sold empty; bottle coolers ~~[receptacles]~~ being receptacles, namely, {clarify nature of goods, e.g., portable non-electric coolers}; kitchen utensils, namely, {specify type, e.g., ice cube} moulds ~~[kitchen utensils]~~; cookie jars; ~~containers for household or kitchen use;~~ vegetable mashers; household or kitchen utensils, namely, {specify types in Class 21 using generic names, e.g., spatulas, turners}; fruit presses, non-electric, for household purposes, salad spinners; stands for dishes; {clarify nature of goods in Class 21, e.g., non-electric} condiment grinders; shakers for spices; cooking utensils, namely, basting spoons ~~[cooking utensils]~~; grilling planks of wood for use in {clarify use, e.g., cooking}; barbecue forks; oven mitts; cooking utensils, namely, {indicate nature in Class 21, e.g., non-electric}griddles ~~[cooking utensils]~~; gridiron supports, namely, {clarify nature in Class 21, e.g., grills being cooking utensils}; barbecue tongs; cutting boards for the kitchen; ~~noodle machines, hand-operated;~~ ~~household or kitchen utensils;~~ heat-insulated containers for beverages; heat-insulated containers for {indicate use in Class 21, e.g., household use}; thermal insulated bags for food or beverages; cold packs for chilling foodstuffs and beverages; coolers ~~[non-electric containers]~~ in the nature of non-electric portable containers; thermal insulated containers for food; ~~refrigerating~~ refrigerated bottles, sold empty; isothermic insulated bags for food or beverages; {specify type in Class 21, e.g., drinking}glasses, drinking vessels and barware, namely, {specify types in Class 21, e.g., beverage glassware}; coffee mugs; coffee pots; {specify type in Class 21, e.g., hand-operated} coffee grinders; cheese boards; cheese-dish covers; rotary cheese graters; candle holders, namely, candle jars ~~[holders]~~; candlesticks; ~~candlesticks;~~ kitchen utensils, namely, garlic presses; ~~(garlic -) [kitchen utensils],~~ cooking pot sets; baskets for household purposes; {specify type in Class 21, e.g., glass} jars; cake moulds; cake servers; kitchen graters; kitchen paper holders, namely, {specify type in Class 21, e.g., countertop holders for paper towels}; jam pots; carver rests; knife blocks; mixing cups; {specify type in Class 21, e.g., food} blenders, non-electric, for household purposes; mortars for kitchen use; kitchen grinders, non-electric; tablemats, not of paper or textile; coasters, not of paper or textile; place mats ~~(sets)~~ sold in sets, not of paper or ~~fabric~~ textile; non-electric meat grinders; crushers for kitchen use, non-electric; rolling pins, domestic; nutcrackers; fruit cups in the nature of dishes sold empty; ~~oven mitts;~~ cups of paper or plastic; paper plates; spatulas for {specify purpose in Class 21, e.g., kitchen use}; plastic ~~ice~~ freezer pop forms; lunch boxes; non-electric {specify type, e.g., egg} beaters ~~(non-electric -)~~ for kitchen use; {specify type, e.g., egg} beaters, non-electric; kitchen utensils, namely, mixing spoons ~~[kitchen utensils]~~; mixing bowls; gravy boats; spatulas for kitchen use; dutch ovens; non-electric whisks ~~[non-electric]~~; carving boards; {specify type in Class 21, e.g., non-electric} pressure cookers; ~~basting spoons [cooking utensils]~~; dishes; serving platters; plates; serving spoons; butlers' trays; table napkin holders; napkin rings; strainers in the nature of {indicate nature in Class 21, e.g., household utensils}; spaghetti tongs; menu card holders; {specify type in Class 21, e.g., drinking} straw dispensers; confectioners' decorating bags, namely, ~~[pastry bags]~~ pastry bags; pestles for kitchen use; soup bowls; meal trays; services, namely, ~~[dishes]~~ dishes; cups; tea infusers; tea caddies; teapots; tea cups; tea strainers; rolling pins, domestic; ~~plates;~~ pan scrapers; ~~oven mitts;~~ potholders; pot stands; tart scoops; cake stands; tableware, namely, {specify material composition in Class 21, e.g., plastic} coasters ~~(tableware)~~; saucers; baking utensils, namely, {specify types in Class 21 using generic names, e.g., baking pans, cookie sheets}; containers and receptacles for supplies, namely, {specify types in Class 21 using generic names, e.g., kitchen containers, glass jars}; water bottles, sold empty; kettles, non-electric; woks; toothpick holders; non-electric mixing machines for kitchen or household purposes, namely, {specify type in Class21, e.g., non-electric food mixers}; lemon squeezers; sugar bowls; ~~salad spinners; strainers for household use;~~ bottle coolers, namely, {specify nature of the goods, e.g., non-electric portable coolers}; broiling pans

International Class 29: Meat, fish, poultry and game, not live; 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; seafood and shellfish, not live; processed crustacea, namely, {specify types, e.g., shrimps, prawn, lobster}; bratwurst; charcuterie; pates; meat; ham; antipasto salads, prepared salads, namely, {specify types in Class 29, e.g., garden salads}; ready-to-eat meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, ~~dairy products and substitutes therefor~~ {specify types of dairy products and substitutes therefor in Class 29, e.g., cheese, cheese substitutes}, nuts ~~(fruits)~~ being fruits, eggs, broth and/or vegetables; pre-cooked meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, ~~dairy products and substitutes therefor~~ {specify types of dairy products and substitutes therefor in Class 29, e.g., cheese, cheese substitutes}, nuts ~~(fruits)~~ being fruits, eggs, broth and/or vegetables; dairy products and dairy substitutes, namely, {specify types of dairy products and substitutes therefor in Class 29, e.g., milk, milk substitutes, cheese, cheese substitutes}; cheese products, namely, {specify types in Class 29, e.g., cheese, cheese spreads}; butter; smetana ~~[sour cream]~~ being sour cream; dairy-based dips; cream cheese; drinks made from dairy products {specify types in Class 29, e.g., milk-based beverages}; yoghurt; butter with herbs; margarine; milk substitutes; ~~smetana [sour cream];~~ sheep cheese; whipped cream; soya milk ~~[milk substitute]~~ being a milk substitute; cheese spreads; soft cheese; hard cheese; liquid eggs; processed eggs; hazelnut spread; peanut-based spreads; meat-based spreads; dairy-based spreads; garlic-based spreads; nut-based spreads; fish and seafood spreads, fruit and vegetable spreads; processed fruits, fungi, ~~and~~ vegetables, ~~(including nuts and pulses)~~ nuts, and pulses; processed vegetables; olive oil for food; rapeseed oil for food; potato chips; soups; broths; soup cubes; instant soup; nut-based snack foods, fruit-based snack food, snack foods based on vegetables, meat-based snack foods, tofu-based snacks; kits comprised of pre-assembled and/or pre-portioned combinations of the aforesaid goods, enabling meals to be cooked according to specific recipes, including enclosed recipes

International Class 30: Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals, namely, {specify types in Class 30, e.g., processed cereals, breakfast cereals and cereal-based snack foods}; bread, pastry and confectionery, namely, {specify types in Class 30, e.g., confectionery made of sugar}; edible ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar; savoury sauces; spices; ice; processed cereal and starches for foodstuffs and goods made therefrom, namely, {specify types in Class 30 using generic names, e.g., breads, granola}; baking preparations, namely, {specify types in Class 30 using generic names, e.g., baking powder, bread flour}; pizza; snacks consisting primarily of cereals, rice or corn; noodles; ready-made dishes ~~containing~~ consisting primarily of pasta; noodle-based prepared meals; dumplings, namely, {specify types in Class 30, e.g., fish dumpling, rice dumplings}; doughs, batters, and mixes, namely, ~~therefor~~ {specify types in Class 30, e.g., cake batters, cake mixes}; popcorn; quiches; sandwiches; snacks consisting of cereals, sesame, rice, pasta, desserts and/or confectionery, namely, {specify types in Class 30, e.g., cereal-based snack foods, sesame sticks, rice-based snack foods, pasta-based snack foods, bakery desserts, candy}; ready-to-eat meals based on cereals, sesame, rice, pasta, bakery desserts and/or confectionery in the nature of candy; processed cereals; muesli; sushi; farinaceous food pastes for human consumption; ready-made dishes ~~containing~~ consisting primarily of pasta; farinaceous foods, namely, {specify types in Class 30, e.g., pasta, rice}; marinades; condiments, namely, {specify types in Class 30, e.g., mustards, pepper sauces}; savory sauces, chutneys and {specify type in Class 30, e.g., curry}pastes; ready-made sauces; tomato ketchup; mayonnaise; sauces for pizzas; pasta sauces; dressings for salad; chocolate; muesli desserts; chocolate bakery desserts; ice cream desserts; baked desserts, namely, custards ~~[baked desserts]~~; bakery goods; sweetmeats, namely, ~~[candy]~~ candy; bread; crackers; dried cakes; cakes; tarts; cookies; confectionery, namely, {specify types in Class 30, e.g., confectionary made of sugar}; chocolate bars; bubble gum; muesli bars; chocolates; honey; natural sweeteners ~~(natural -)~~; table syrup; pancake syrup; chocolate syrup; topping syrup; golden syrup; molasses for food; icing; frostings; marzipan; ice cream; frozen yogurt; sherbets ~~[sorbets]~~ in the nature of sorbets; tea-based beverages; coffee-based beverages; cocoa-based beverages; tea bags; kits comprised of pre-assembled and/or pre-portioned combinations of the aforesaid goods, enabling meals to be cooked according to specific recipes, including enclosed recipes

International Class 31: Raw and unprocessed agricultural, aquacultural, horticultural and forestry products, namely, {specify the nature of the products in Class 31, e.g., seeds for agricultural purposes, aquacultural feed, seeds for horticultural purposes}; live animals; fresh fruits and vegetables, fresh herbs ~~(fresh)~~; natural plants and flowers; malt for brewing and distilling; raw and unprocessed grains and edible seeds; unprocessed onions, seedlings and unprocessed grains ~~(seeds)~~ being seeds in the form of propagation material; fresh fungi; raw nuts ~~[fruits]~~ being fruits; potatoes, fresh; flowers; kits comprised of pre-assembled and/or pre-portioned combinations of ~~the aforesaid goods~~ {specify which of the aforesaid goods, since some of the aforesaid goods would not be part of such combinations, e.g., fresh fruits and vegetables and fresh herbs}, enabling meals to be cooked according to specific recipes, including enclosed recipes

International Class 32: Beers; flavored beers; beer-based beverages; mineral water [~~beverages]~~ beverages; aerated water; non-alcoholic beverages, namely, {specify types of non-alcoholic beverages in Class 32, e.g., sports drinks and energy drinks}; fruit beverages and fruit juices; syrups and other preparations for making beverages, namely, {specify types of Class 32 beverages, e.g., sports drinks, energy drinks, fruit drinks}; smoothies; lemonades; kits comprised of pre-assembled and/or pre-portioned combinations of the aforesaid goods, enabling meals to be cooked according to specific recipes, including enclosed recipes

International Class 33: Alcoholic beverages ~~(except beer)~~ except beer; beverages, namely, spirits ~~[beverages]~~; liqueurs; wine; sparkling wines; {specify type in Class 33, e.g., hard} cider; pre-mixed alcoholic beverages, namely, {specify type in Class 33, e.g., prepared alcoholic cocktails}; {specify type in Class 33, e.g., prepared wine}cocktails; kits comprised of pre-assembled and/or pre-portioned combinations of the aforesaid goods, enabling meals to be cooked according to specific recipes, including enclosed recipes

International Class 35: ~~Retailing of~~ {specify types of “retailing” services in Class 35, e.g., retail store, online retail store, mail order, and retail vending machine services} featuring assortments of goods, namely, meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts ~~(fruits)~~ being fruits, eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, ~~(including~~ nuts ~~(fruits)~~ being fruits, pulses), jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces ~~(condiments)~~ being condiments, spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages ~~(except beers)~~ except beers, including in pre-portioned form, including for enabling meals to be cooked according to specific recipes, including enclosed recipes, the aforesaid services being provided electronically, online, in fixed locations and/or by means of vending machines; ~~retailing of~~ {specify types of “retailing” services in Class 35, e.g., retail store, online retail store, mail order, and retail vending machine services} featuring goods, namely, meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts ~~(fruits)~~ being fruits, eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, ~~(including~~ nuts ~~(fruits)~~ being fruits, pulses), jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces ~~(condiments)~~ being condiments, spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages ~~(except beers)~~ except beers, including in pre-portioned form, including for enabling meals to be cooked according to specific recipes, including enclosed recipes, the aforesaid services being provided electronically, online, in fixed locations and/or by means of vending machines; the bringing together of a variety of goods, namely, on-line retail and retail store services featuring of meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts ~~(fruits)~~ being fruits, eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, ~~(including~~ nuts ~~(fruits)~~ being fruits, pulses), jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces ~~(condiments)~~ being condiments, spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages ~~(except beers)~~ except beers, including in pre-portioned form, including for enabling meals to be cooked according to specific recipes, including enclosed recipes, including in the form of subscriptions, in the form of prepared food kits ready for cooking and assembly as a meal; arranging of subscriptions to combinations of goods, namely, subscription-based order fulfillment services in the field of food in the nature of meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts ~~(fruits)~~ being fruits, eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, ~~(including~~ nuts ~~(fruits)~~ being fruits, pulses), jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces ~~(condiments)~~ being condiments, spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages ~~(except beers)~~ except beers, including in pre-portioned form, including for enabling meals to be cooked according to specific recipes, including enclosed recipes, in the form of prepared food kits ready for cooking and assembly as a meal; event marketing services, in particular for cookery, kitchen and tasting events; advertising services; business management; business administration; office functions; marketing services; sales promotion; product demonstrations; ~~and~~ product presentation services, namely, organization and conducting of product presentations; presentation of goods on communication media, for retail purposes, namely, providing television home shopping services in the field of general consumer merchandise; sales promotion for others; negotiation and conclusion of commercial transactions for third parties; procurement of contracts for others ~~[for others]~~ for the purchase and sale of goods; administrative processing of purchase orders; services in the fields of customer loyalty for sales promotion and/or advertising purposes, namely, {clarify nature of the customer loyalty services, e.g., administration of a customer loyalty program for enabling participants to obtain discounts on products and services}; rental of vending machines; ~~retailing and wholesaling in relation to~~ {specify type of retailing and wholesaling services in Class 35, e.g., retail store services and wholesale distributorship services} featuring foodstuffs, dietary supplements, baked goods, ready meals, meals, beverages and preparations for making beverages, cooking utensils, coolers, clothing, clothing accessories, crockery, table cutlery ~~(knives, forks and spoons)~~ in the nature of knives, forks and spoons, household goods, decorations, household utensils, utensils for household purposes, cleaning preparations, containers for household use, glassware, porcelain, cooking utensils, printed matter, software, cookbooks, recipes, kitchen tools, all-purpose carrying bags, household textile articles; on-line ordering services in the field of restaurant take-out and delivery; outsourcing services in the nature of arranging procurement of goods for others; provision of a website featuring an online marketplace for buyers and sellers of goods and services; coupon procurement services for others; provision of commercial ~~online~~ information of via an online database or the internet; compilation and systemisation of information into computer databases; the bringing together, for the benefit of others, of a variety of services, namely, transport services, delivery services, education services, services for providing food and drink, personal chef services, health advice and information services, nutritional and dietetic consultancy, enabling consumers to conveniently compare and purchase those services; the bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, namely, of apparatus for cooking, refrigerating, decorative articles, tableware, cooking goods, kitchen goods, cleaning preparations, household containers, crockery and cutlery, goods of glassware and porcelain, household machines and apparatus, electric kitchen machines, to enable customers to conveniently view and purchase those goods; the bringing together, for the benefit of others, of a variety of goods ~~(excluding the transport thereof)~~ excluding the transport thereof, namely, computer software, printed matter, all-purpose carrying bags, clothing and clothing accessories, household textiles, meals, ready meals, foodstuffs, beverages and preparations for making beverages, enabling customers to conveniently view and purchase those goods

International Class 36: Insurance services, namely, {specify types in Class 36 using generic names, e.g., insurance administration, insurance consultation, insurance brokerage, insurance information, insurance underwriting in the field of property insurance}; financial affairs services, namely, {specify types in Class 36 using generic names, e.g., financial consultation, financial information, financial management, financial research, financial planning}; monetary affairs services, namely, {specify types in Class 36 using generic names, e.g., monetary exchange, monetary strategy consultation and research}; real estate affairs services, namely, {specify types in Class 36 using generic names, e.g., real estate agencies, real estate appraisal, real estate brokerage, real estate consultation, real estate management services, providing information in the field of real estate}; issuing tokens of value; issue of tokens of value in the nature of gift vouchers; issuance of tokens of value in the nature of food vouchers; issuance of prepaid gift cards; issuance of tokens of value in the nature of discount coupons; issuance of tokens of value as part of a customer membership scheme; providing of information in the field of issuance of tokens of value in the nature of gift vouchers, discount coupons; organization of collections, namely, collection agencies; financial sponsorship services, namely, financial sponsorship of {indicate specific event or activity, e.g., golf tournaments}; financial banking; banking; credit card and payment card services, namely, {specify types of these services in Class 36, e.g., providing electronic processing of credit card transactions and electronic payments via a global computer network}; financial loan services; financial services relating to credit cards, namely, {specify types of these services in Class 36, e.g., issuing of credit cards}; financing services, namely, provision of funds for hire purchase and for leasing; granting of credit for financing purchases, namely, {specify type in Class 36, e.g., credit and loan services}; financial transfers and transactions, and payment services, namely, {specify types of these services in Class 36, e.g., providing electronic processing of credit card transactions and electronic payments via a global computer network}; payment transaction card services, namely, {specify types of these services in Class 36, e.g., providing electronic processing of credit card transactions via a global computer network}; account debiting services, namely, {specify the type of services, e.g., electronic debit card transaction processing}; electronic funds transfer services; bill payment services provided through a website; electronic processing of payment transactions via the internet; electronic funds transfer

International Class 38: Telecommunications services, namely, {specify types in Class 38 using generic names, e.g., audio teleconferencing, television broadcasting, electronic transmission of messages}; telecommunication services, namely, {specify types in Class 38, e.g., electronic data transmission} provided via internet platforms and portals; television broadcasting; radio broadcasting; {specify type, e.g., internet}broadcasting of cookery programmes; broadcasting of information via the internet; mobile communications services, namely, {specify types in Class 38, e.g., mobile telephone communication}; telephone communication services and telecommunication services, namely, {specify types in Class 38 using generic names, e.g., cellular telephone communication}; providing internet access to content, websites and portals; providing an electronic mailbox, namely, {specify nature of the service activity in Class 38, e.g., electronic transmission of email messages}; transmission of electronic mail; provision of on-line forums for transmission of messages among computer users; providing online chat rooms for ~~sending~~ transmission of messages, comments and multimedia content between users; computer aided transmission of messages, information and images; electronic order-transmission services; streaming audio and video material on the internet

International Class 39: Delivery of goods and/or assortments of goods, namely, meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts ~~(fruits)~~ being fruits, eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, ~~(including~~ nuts ~~(fruits)~~ being fruits, pulses), jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces ~~(condiments)~~ being condiments, spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages ~~(except beers)~~ except beers, including in pre-portioned form, including for enabling meals to be cooked according to specific recipes, including enclosed recipes; transport services, namely, {specify what is being transported or means of transport in Class 39, e.g., transport of goods and passengers, transport by boat, rail, truck, and air}; packaging and storage of goods; travel arrangement, namely, {clarify nature of the services, e.g., arranging transport for travelers}; transportation and delivery of goods; motor vehicle transport services; arrangement of the transportation of goods for others; ~~arrangement of transportation;~~ distribution services, namely, {specify nature of services, e.g., distribution of energy}; information services relating to the transportation of goods; storage and delivery of goods; delivery of foodstuffs, beverages and prepared meals ~~(not for immediate consumption)~~ not for immediate consumption; refrigerated transport of cold goods; delivery of hampers containing food and drink; distribution, namely, ~~[transport]~~ transport of retail goods; ~~distribution services;~~ freight loading and unloading of vehicles; wrapping of goods for baggage protection during travel; refrigerated storage of goods; food storage services; storage of domestic appliances; packing of food for transportation; packaging of prepared meals for transportation; transport brokerage; storage information, namely, providing information about the storage of goods; delivery of foodstuffs and prepared dishes; providing transportation information regarding tracking and tracing of shipments ~~[transport information]~~; ~~filling of vending machines; refilling of vending machines;~~ refrigerator rental; rental of refrigerated storage containers; provision of frozen storage facilities; rental of refrigerator-freezers for household purposes; ~~provision of frozen storage facilities;~~ rental of freezers for commercial use; rental of refrigerating apparatus

International Class 40: Rental of space cooling apparatus and installations

International Class 41: ~~Writing of recipes and cooking instructions, including ones that can be cooked using individually compiled combinations of foodstuffs that are provided;~~ Publication of recipes and cooking instructions, including ones that can be cooked using individually compiled combinations of foodstuffs that are provided, including electronically and/or online; education services, namely, providing {specify types in Class 41 using generic names, e.g., classes, seminars and workshops} in the field of {specify subject matter, e.g., cooking, food preparation}; providing of training in the field of {specify subject matter, e.g., cooking, food preparation}; entertainment services, namely, providing {specify types in Class 41 using generic names, e.g., fashion shows, dance performances, art exhibitions, live musical performances}; sporting and cultural activities, namely, providing {specify types in Class 41 using generic names, e.g., automobile racing and exhibitions, football games, symphony orchestra performances}; {specify type, e.g., book}publishing services; providing on-line, non-downloadable electronic publications~~, not downloadable~~ in the nature of {specify types of publications, e.g., books, magazines and newsletters} in the field of {specify subject matter, e.g., recipes and food preparation}; publication of electronic publications featuring recipes ~~(electronic publications)~~; publication of books; publication of cookery books; publication of magazines; publication of printed matter; multimedia publications, namely, providing on-line, non-downloadable electronic publications in the nature of {specify types of publications, e.g., books, magazines and newsletters} in the field of {specify subject matter, e.g., recipes and food preparation}; arranging of lectures in the field of {specify subject matter, e.g., cooking and food preparation}; ~~writing of texts, including cooking instructions and recipes, other than publicity texts;~~ educational services, namely, organisation of conferences, exhibitions and competitions in the field of {specify subject matter, e.g., cooking and food preparation}; arranging and conducting of cookery courses; conducting of correspondence cookery courses; education services, namely, {specify format, e.g., seminars and workshops} relating to cooking; ~~education services relating to cooking;~~ education services, namely, {specify format, e.g., seminars and workshops} relating to nutrition; ~~education services relating to nutrition;~~ conducting training courses relating to nutrition online; provision of educational courses in the field of diet and health care; provision of educational services, namely, {specify format, e.g., seminars and workshops} relating to diet; development of educational courses in the field of {specify subject matter, e.g., cooking and food preparation}; development of educational materials for others in the field of {specify subject matter, e.g., cooking and food preparation}; provision of educational examinations and qualification initiatives in the nature of {clarify nature of the initiatives in Class 41, e.g., standardized test preparation tutoring programs; electronic publication of {specify what applicant publishes, e.g., electronic magazines}

International Class 43: Supplying of meals in the form of prepared food kits ready for cooking and assembly as a meal for immediate consumption, namely meals made of meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts (fruits), eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables (including nuts (fruits), pulses), jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beer, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages (except beers), including in pre-portioned form, including for enabling meals to be cooked according to specific recipes, including enclosed recipes; Providing of food and beverages and/or combinations of food and beverages, namely meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts ~~(fruits)~~ being fruits, eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, ~~(including~~ nuts ~~(fruits)~~ being fruits, pulses), jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces ~~(condiments)~~ being condiments, spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages ~~(except beers)~~ except beers, including in pre-portioned form~~, including for enabling meals to be cooked according to specific recipes, including enclosed recipes~~; catering services for the provision of food and meals, in particular food and meals made from meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts ~~(fruits)~~ being fruits, eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, ~~(including~~ nuts ~~(fruits)~~ being fruits, pulses), jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces ~~(condiments)~~ being condiments, spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages ~~(except beers)~~ except beers, including in pre-portioned form~~, including for enabling meals to be cooked according to specific recipes, including enclosed recipes, by means of vending machines~~; personal chef services; cookery advice; advice concerning cooking recipes; providing of online consultancy and information ~~in relation to~~ in the field of recipes, ~~foodstuffs~~ food preparation and beverages preparation, and ~~in relation to~~ in the field of recommendations for wines with meals for wine appreciation purposes; providing information in the field of recipes and cooking from a computer database; providing food and drink; providing temporary accommodation; rental of furniture, linens and table settings; consultancy in relation to the preparation of meals and drink; consultancy services relating to {clarify Class 43 subject matter because “food” is too broad, e.g., preparation of} food; providing personalized meal planning services via a website; providing food and drink in restaurants and bars; making reservations and bookings for restaurants and meals; reservation services for booking meals; ~~services for the~~ preparation of food and drink; hospitality services, namely, ~~[food and drink]~~ {specify nature of food and drink hospitality services, e.g., preparation of food and drink}; food preparation services; providing food and drink by means of automatic dispensing machines; ~~services for~~ providing food and drink, including for take-away; take-out restaurant services; contract food services; preparation and provision of food and drink for immediate consumption; ~~supplying~~ {replace “supplying” with wording that more particularly identifies the service activity in Class 43, e.g., preparation} of meals for immediate consumption; catering for the provision of food and beverages; rental of cooking apparatus; rental of non-electric cooking heaters; rental of cooking equipment for industrial purposes; rental of apparatus for heating meals; rental of apparatus for keeping meals warm; rental of kitchen utensils

International Class 44: Medical services; veterinary services; human hygiene and beauty care services; information and consultancy in relation to diets; information and consultancy with regard to nutrition; weight reduction diet planning and supervision; providing information relating to dietary and nutritional guidance; providing information about dietary supplements and nutrition; health advice and information services

International Class 45: Personal selection, in a customised manner, of goods, namely, {clarify nature of the personal selection service in Class 45, e.g., personal shopping for others} in the fields of meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts ~~(fruits)~~ being fruits, eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, ~~(including~~ nuts ~~(fruits)~~ being fruits, pulses), jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces ~~(condiments)~~ being condiments, spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages ~~(except beers)~~ except beers, including in pre-portioned form, including for enabling meals to be cooked according to specific recipes, including enclosed recipes; personal selection, in a customised manner, of goods, namely, {clarify nature of the personal selection service in Class 45, e.g., personal shopping for others} in the fields of meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts ~~(fruits)~~ being fruits, eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, ~~(including~~ nuts ~~(fruits)~~ being fruits, pulses), jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces ~~(condiments)~~ being condiments, spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages ~~(except beers)~~ except beers; offering individual cooking, cuisine, eating and drinking experiences, namely, {specify types in Class 45, e.g., personal chef services}; personal and social services to meet the needs of individuals, namely, {specify types in Class 45, e.g., personal chef services, personal shopping services}; personal selection of gifts for others for customized gift boxes; personal shopping for others; personal gift selection for others

For assistance with identifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.

Requirement for a Description of the Mark

Applicant has submitted a color drawing and provided a color claim, but has not provided the required description specifying where color appears in the literal and design elements in the mark. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §807.07(a)-(a)(ii). Applications for marks not in standard characters must include an accurate and concise description of the entire mark that identifies literal elements as well as any design elements. See 37 C.F.R. §2.37; TMEP §§808.01, 808.02, 808.03(b). And for marks depicted in color, this description must specify where the color(s) appear(s) on the mark. See 37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(ii).

Generic color names must be used to describe the colors in the mark, e.g., magenta, yellow, turquoise. TMEP §807.07(a)(i)-(ii). If black, white, and/or gray are not being claimed as a color feature of the mark, applicant must exclude them from the color claim and include in the mark description a statement that the colors black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark. See TMEP §807.07(d).

Therefore, applicant must provide a mark description that specifies where all the colors appear in the literal and design elements in the mark. See TMEP §807.07(a)(ii). The following is suggested, if accurate:

The mark consists of the stylized word “HELLO” above the word “FRESH”, all in the color light green.

Disclaimer Requirement

Applicant must disclaim the wording “FRESH” because it merely describes a characteristic or feature of applicant’s goods and services, and thus is an unregistrable component of the mark. See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); TMEP §§1213, 1213.03(a).

Attachment 2 consists of an entry from the American Heritage Dictionary, which shows that “fresh” means “[r]ecently made, produced, or harvested; not stale or spoiled.” Therefore, the wording merely describes a feature of applicant’s food and beverages, namely, that they are recently produced or harvested, and are not stale or spoiled, and a characteristic of applicant’s services pertaining to food and beverages, namely, that the food and beverages to which the services pertain are recently produced or harvested, and are not stale or spoiled.

An applicant may not claim exclusive rights to terms that others may need to use to describe their goods and/or services in the marketplace. See Dena Corp. v. Belvedere Int’l, Inc., 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed. Cir. 1991); In re Aug. Storck KG, 218 USPQ 823, 825 (TTAB 1983). A disclaimer of unregistrable matter does not affect the appearance of the mark; that is, a disclaimer does not physically remove the disclaimed matter from the mark. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 978, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP §1213.

If applicant does not provide the required disclaimer, the USPTO may refuse to register the entire mark. See In re Stereotaxis Inc., 429 F.3d 1039, 1040-41, 77 USPQ2d 1087, 1088-89 (Fed. Cir. 2005); TMEP §1213.01(b).

Applicant should submit a disclaimer in the following standardized format:

No claim is made to the exclusive right to use “FRESH” apart from the mark as shown.

For an overview of disclaimers and instructions on how to satisfy this disclaimer requirement online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/disclaimer.jsp.

General Response Information

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.

If applicant has any questions about this Office action, please contact the undersigned examining attorney.

/Linda Lavache/

Trademark Examining Attorney

Law Office 106

p. 571.272.7187

f. 571.272.9106

linda.lavache@uspto.gov (informal inquiries only)

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.

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