Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

NONFINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this Office action. 

 

 

Issue date:  January 08, 2021

 

 

This Office action is in response to applicant’s communication filed on December 2, 2020.  Please note that all issues not discussed in this office action have been resolved. 

 

 

The examining attorney maintains and continues the following refusal(s) and/or requirement(s): identification in International Classes 10 and 30.

 

 

The examining attorney issues this Office action because of a new issue raised in the applicant’s response.

 

 

 

SUMMARY OF ISSUES:

 

• Identification scope.

 

 

 

IDENTIFICATION SCOPE

 

Particular wording in the proposed amendment to the identification is not acceptable because it exceeds the scope of the identification in the U.S. application.  See 37 C.F.R. §§2.32(a)(6), 2.71(a); TMEP §§1012, 1402.06 et seq., 1402.07.  Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the U.S. application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the original identification in the U.S. application, and any previously accepted amendments, remain operative for purposes of future amendment.  See 37 C.F.R. §2.71(a); TMEP §1402.07(d).

 

The proposed amendment to the U.S. application identifies the following goods that are beyond the scope of the original identification because they are not covered by the identification in the foreign registration:

 

 

Paper hand wash towel impregnated with detergent for cleaning in International Class 3;

 

 

Nutritional supplement energy bars, nutritional supplement meal replacement bars for boosting energy; functional foods, for use as a dietary supplement in International Class 5;

 

 

Heating and cooling adhesives for medical treatment; heating and cooling apparatus for medical treatment; contraceptives, non-chemical; thermal support bandages; thermal supporters, namely, insulated compression garments and insulated compression wraps in International Class 10;

 

 

Toothpicks in International Class 21;

 

 

Nut butters, jams; nut butters and jams fortified with nutrients; functional foods, namely, nut butters, jams in International Class 29;

 

 

Beverages with a chocolate base, beverages with a tea base, beverages with a coffee base; beverages with a tea base fortified with nutrients; beverages with a coffee base fortified with nutrients; functional beverages with a chocolate base, functional beverages with a tea base, functional beverages with a coffee base; condiments, namely, chili oils, vinegars, salad dressings, honey, mustard, cocktail sauces in International Class 30; and

 

 

Beverages, namely, smoothies, and non-alcoholic cocktail mixes; non-alcoholic beverages fortified with vitamins, minerals, namely, nutritionally fortified waters, flavored waters, mineral and aerated waters, soft drinks, energy drinks, sports drinks, fruit drinks, fruit and vegetable juices; non-alcoholic beverages, namely, functional beverages, in the nature of energy drinks, sports drinks, protein enriched sports drinks in International Class 32.

 

The remaining goods and/or services not mentioned above are within the scope of the foreign registration.

 

Additionally, the applicant must clarify the nature of the “dentifrices for medicinal purposes” in International Class 3 because the goods could be classified in another class, e.g., medicated dentifrices in International Class 5.

 

 

 

QUESTIONS ABOUT THIS ACTION

 

If the applicant has technical questions about the TEAS response to Office action form, the applicant may send technical questions to the TEAS Support Team at TEAS@uspto.gov via e-mail.  Please include your name, telephone number, serial number and/or registration number, a description of the issue, including the name of the TEAS form you are having problems with (e.g., “Response to Office Action Form,” “Request for Extension of Time to File a Statement of Use,” etc.), and a screen shot of any error message that you are receiving.  You should receive a response within two (2) hours if the e-mail message is submitted during normal business hours. 

 

 

For status inquiries or copies of documents, an applicant may check the status of or view documents filed in an application or registration using the Trademark Status and Document Retrieval (TSDR) system twenty-four (24) hours a day, seven (7) days a week.  Enter the application serial number or registration number and click on “Status” or “Documents.”  Do not attempt to check status until approximately four to five (4-5) days after submission of a filing, to allow sufficient time for all USPTO databases to be updated.  For help in resolving technical glitches, please email TSDR@uspto.gov.

 

 

For all other non-legal matters, including petitions to revive or reinstate an application, please contact the Trademark Assistance Center (TAC).  TAC may be reached by e-mail at TrademarkAssistanceCenter@uspto.gov or by telephone at (800) 786-9199.  For non-technical matters, TAC is open from 8:30 a.m. to 8:00 p.m. Eastern Standard Time (EST), Monday through Friday, except on federal government holidays.  A list of federal government holidays is available at the following website: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/.

 

 

If applicant has questions regarding the legal issues in this Office action, please call the assigned trademark examining attorney.

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Brian Pino/

Examining Attorney

Law Office 114

571.272.9209 Telephone

Brian.Pino2@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on January 08, 2021 for

U.S. Trademark Application Serial No. 87727890

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Brian Pino/

Examining Attorney

Law Office 114

571.272.9209 Telephone

Brian.Pino2@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from January 08, 2021, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”