UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.

 

ISSUE/MAILING DATE: 1/4/2016

 

THIS IS A FINAL ACTION.

 

INTRODUCTION

 

This Office action is in response to applicant’s communication filed on December 7, 2015.

 

In a previous Office action dated June 5, 2015, applicant was required to satisfy the following requirement:  amend the identification of goods, provide additional information regarding applicant’s goods.

 

Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied:  request for additional information regarding applicant’s goods.  See TMEP §§713.02, 714.04. 

 

Further, the trademark examining attorney maintains and now makes FINAL the requirement in the summary of issues below.  See 37 C.F.R. §2.63(b); TMEP §714.04.

 

SUMMARY OF ISSUES MADE FINAL that applicant must address:

 

• Identification and classification of goods

 

Identification and Classification of Goods

 

THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN

 

The amended identification of goods is indefinite and must be clarified for the following reasons:

 

• Class 003:  When supplements are for oral consumption, the goods should be classified in Class 005 and specified that they are nutritional supplements.
• Class 005:  The wording “health ingredients, namely, protein, fiber, fats” is unclear as to the nature of the goods.  For instance, “protein” should be specified that the goods are “protein supplements” and “fiber” should be specified that it is dietary fibers for treating specific ailments.  Further, the wording “fats” should be further specified and classified in Class 029.  The wording “weight gain supplements, namely, protein bars; protein bars;” should be further specified and classified accordingly.
• Class 030:  The wording “health foods, namely, baking mixes, soups, syrups” should be specified as to the type of baking mixes and type of syrups.  Further, “soups” should be reclassified in Class 029.  The wording “natural sweetener for us as an ingredient in beverages, foods, nutritional supplements” includes a typographical error.  The wording “powder and liquid enzyme blends for use as a component of dietary supplements for human consumption” is unclear as to whether the goods are an integral component of dietary supplements or if it is chemicals used for the manufacturing of dietary supplements, and should be classified accordingly.  The wording “enzyme blends in the form of capsules for breaking down peptides for consumption by humans; amino acid powder blends for use as a component of dietary supplements” should be reclassified in Class 005.  The wording “soups” in “gluten-free food products, namely, cookies, brownies, pies, muffins, pastas, crackers, soups, biscuits, breads” should be reclassified in Class 029.  The wording “liquid drink mixes comprising natural sweeteners; powdered drink mixes comprising natural sweeteners” should be specified as to the purpose.

 

See TMEP §1402.01.  Applicant may adopt the following identification, if accurate: 

 

Class 001:  Powder and liquid enzyme blends for manufacture of dietary supplements for human consumption

 

Class 005:  Dietary and nutritional supplements; health ingredients, namely, protein supplements and dietary fiber for {specify purpose, e.g., treating constipation, use as an ingredient in the manufacture of dietary supplements, aiding digestion}; dietary fiber for use as an ingredient in beverages, foods, nutritional and dietary supplements; fiber and fiber-based nutritional supplements; nutritional meal replacement powder supplements for weight loss or muscle gain; meal replacement shake powders for weight loss or muscle gain; protein powder nutritional supplements; nutritional supplements in the form of protein-based drink mixes; weight gain supplements, namely, protein powders, protein bars for medical purposes; weight gain powder or liquids for drink mixes; weight loss supplements; weight loss powder or liquids for drink mixes; super food nutritional supplements comprising fruits, vegetables, herbs, and nuts; dietary supplement drink mixes; liquid nutritional supplement drink mixes; powdered nutritional supplement drink mixes; enzyme dietary and food supplements; pre-workout nutritional supplements; recovery meal replacement shake powder; amino acids for nutritional purposes; nutritional meal replacement bars for weight loss purposes or boosting energy; nutritional supplement energy bars; bone and joint dietary and nutritional supplements in the form of liquids, powders, or capsules; nutritional supplements in the form of powders, liquids or capsules; dietary and nutritional supplements for boosting energy; energy powder supplements; dietary and nutritional supplements for promoting organ support; beauty care products in the form of capsules and powders, namely, oral nutritional supplements for enhancing the health and appearance of hair, skin and nails; powder and liquid enzyme blends for use as an integral component of dietary supplements for human consumption; enzyme blends in the form of capsules for breaking down peptides for consumption by humans; amino acid powder blends for use as a component of dietary supplements;

 

Class 029:  Processed nuts; freeze dried vegetables; freeze dried fruits; coconut oil; trail mix consisting primarily of at least one of nuts, seeds, dried fruits, and optionally including chocolate; fruit-based meal replacement bars; peanut butter powder; health ingredients, namely, edible fats; protein bars as meal replacements, primarily of nuts, soy, and seed to aid weight gain; protein bars, namely, nuts, soy, and seed-based food bars; health foods, namely, soups; gluten-free food products, namely, soups

 

Class 030:  Health foods, namely, {specify type of baking mixes, e.g., biscuit mixes, bread mixes, brownie mixes, cake mixes, cookie mixes}, {specify type, e.g., chocolate, corn, maple, table} syrups; natural sweetener, natural sweetener for use as an ingredient in beverages, foods, nutritional supplements; baking mixes, namely, pancake mixes, brownie mixes, cookie mixes, muffin mixes, cake mixes, biscuit mixes; syrup, namely, pancake syrup; powders for making pancake syrup; breakfast cereals; chocolate; chocolate bars; gluten-free food products, namely, cookies, brownies, pies, muffins, pastas, crackers, biscuits, breads; liquid drink mixes comprising natural sweeteners used in the preparation of {specify type of beverage, e.g., tea based beverages}; powdered drink mixes comprising natural sweeteners used in the preparation of {specify type of beverage, e.g., tea based beverages}; chocolate-based meal replacement bars; high protein cereal bars for weight gain; high protein cereal bars

 

Class 032:  Liquids, concentrates, or powders for use in preparing energy drinks; liquid drink mixes used in the preparation of flavored water; powdered drink mixes used in the preparation of flavored water; powder or liquid energy supplements mixes for preparing energy drinks

 

Please note that the identification of goods in class 032 is acceptable as is.

 

An applicant may only amend an identification to clarify or limit the goods and/or services, but not to add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html.  See TMEP §1402.04.

 

Proper Response to Final Action

 

Applicant must respond within six months of the date of issuance of this final Office action or the following goods to which the final requirement applies will be deleted from the application by Examiner’s Amendment:  “Beauty care products in the form of capsules and powders, namely, oral beauty supplements for enhancing the health and appearance of hair, skin and nails” in Class 003; “health ingredients, namely, protein, fiber, fats; weight gain supplements, namely, protein bars; protein bars” in Class 005; and “Health foods, namely, baking mixes, soups, syrups; natural sweetener, natural sweetener for us as an ingredient in beverages, foods, nutritional supplements; powder and liquid enzyme blends for use as a component of dietary supplements for human consumption; enzyme blends in the form of capsules for breaking down peptides for consumption by humans; amino acid powder blends for use as a component of dietary supplements; gluten-free food products, namely, soups; liquid drink mixes comprising natural sweeteners; powdered drink mixes comprising natural sweeteners” in Class 030.  37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).

 

The application will then proceed for the following goods:  “Dietary and nutritional supplements; dietary fiber for use as an ingredient in beverages, foods, nutritional and dietary supplements; fiber and fiber-based nutritional supplements; nutritional meal replacement powder supplements for weight loss or muscle gain; meal replacement shake powders for weight loss or muscle gain; protein powder nutritional supplements; nutritional supplements in the form of protein-based drink mixes; weight gain supplements, namely, protein powders; weight gain powder or liquids for drink mixes; weight loss supplements; weight loss powder or liquids for drink mixes; super food nutritional supplements comprising fruits, vegetables, herbs, and nuts; dietary supplement drink mixes; liquid nutritional supplement drink mixes; powdered nutritional supplement drink mixes; enzyme dietary and food supplements; pre-workout nutritional supplements; recovery meal replacement shake powder; amino acids for nutritional purposes; nutritional meal replacement bars for weight loss purposes or boosting energy; nutritional supplement energy bars; bone and joint dietary and nutritional supplements in the form of liquids, powders, or capsules; nutritional supplements in the form of powders, liquids or capsules; dietary and nutritional supplements for boosting energy; energy powder supplements; dietary and nutritional supplements for promoting organ support” in Class 005; “Processed nuts; freeze dried vegetables; freeze dried fruits; coconut oil; trail mix consisting primarily of at least one of nuts, seeds, dried fruits, and optionally including chocolate; fruit-based meal replacement bars; peanut butter powder” in Class 029; “baking mixes, namely, pancake mixes, brownie mixes, cookie mixes, muffin mixes, cake mixes, biscuit mixes; syrup, namely, pancake syrup; powders for making pancake syrup; breakfast cereals; chocolate; chocolate bars; gluten-free food products, namely, cookies, brownies, pies, muffins, pastas, crackers, biscuits, breads; chocolate-based meal replacement bars; high protein cereal bars” in Class 030; and “Liquids, concentrates, or powders for use in preparing energy drinks; liquid drink mixes used in the preparation of flavored water; powdered drink mixes used in the preparation of flavored water; powder” in Class 032. 

 

Applicant may respond by providing one or both of the following:

 

(1)        A response that fully satisfies all outstanding requirements and/or resolves all outstanding refusals.

 

(2)        An appeal to the Trademark Trial and Appeal Board, with the appeal fee of $100 per class.

 

37 C.F.R. §2.63(b)(1)-(2); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.

 

In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues.  TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters).  The petition fee is $100.  37 C.F.R. §2.6(a)(15).

 

TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without incurring this additional fee. 

 

 

 

/Janet H. Lee/

Examining Attorney

Law Office 102

Phone: (571) 272-1053

 

janet.lee@uspto.gov

 

 

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

 

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

 

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

 

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

 

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

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 1/4/2016 FOR U.S. APPLICATION SERIAL NO. 86551841

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 1/4/2016 (or sooner if specified in the Office action).  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the Trademark Electronic Application System (TEAS) response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.