Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  July 24, 2019

 

Application has been amended as shown below.  As agreed to by David J. Diamond on July 24, 2019, the Examining Attorney has amended the application as shown below.  Please notify the Examining Attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, Applicant is advised that amendments to the goods and services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and services are not permitted.  37 C.F.R. §2.71(a).

 

IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is amended to read as follows (changed entries are in bold font): 

 

Class 30 – Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour; ices in the nature of confectionery; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces; spices; ice; allspice; non-medicated almond confectionery; almond paste; aniseed for use as flavoring in food and drinks; aromatic preparations for food in the nature of seasonings; artificial coffee; baking powder; baking soda; bean meal; beer vinegar; starch-based binding agents for ice cream; breadcrumbs; cake frosting; cake powder in the nature of cake flour; capers; caramels; celery salt; chewing gum; chicory-based coffee substitute; chips, namely, bagel chips, corn chips, flour-based chips, grain-based chips, pita chips, pretzel chips, rice chips, tortilla chips; chocolate; chocolate-based beverages; chocolate-based beverages with milk; chocolate mousses; chow-chow; chutneys; cinnamon spice; cloves spice; cocoa; cocoa-based beverages; cocoa beverages with milk; coffee; coffee-based beverages; coffee beverages with milk; coffee flavorings being coffee flavored syrup used in making food beverages; condiments, namely, savory sauces; confectionery for decorating Christmas trees; cooking salt; corn, milled; corn, roasted; couscous; crackers; cream of tartar for culinary purposes; curry spice; custard; dressings for salad; edible ices; coffee essences; fermented hot pepper pastes for use as a seasoning; food flavorings, other than essential oils; flavorings, other than essential oils, for beverages; flavorings, other than essential oils, for cakes; frozen yogurt; fruit coulis; fruit jelly candy; garden herbs, preserved; ginger spice; glucose for culinary purposes; gluten additives for culinary purposes; gluten prepared as foodstuff being gluten additives for culinary purposes; golden syrup; ham glaze; honey; ice cream; ice for refreshment; ice, natural or artificial; iced tea; herbal and tea infusions, not medicinal; ketchup; food-leavening agents; linseed for human consumption for use as a seasoning; non-medicated lozenges; macaroni; malt extract for food; malt for food for human consumption; maltose for food; marinades; mayonnaise; meal, namely, bean, corn, cracker, maize and mustard meal; meat gravies; meat pies; meat tenderizers, for household purposes; mint for confectionery, namely, candy mints; molasses for food; mustard meal; natural sweeteners; noodle-based prepared meals; noodles; nutmegs; palm sugar; pancakes; pasta; pasta sauce; pepper; peppermint sweets; pepper seasonings; pesto sauce; pizzas; popcorn; potato flour for food; powders for making ice cream; starch-based thickeners for stiffening whipped cream; puddings; quiches; ravioli; relish; rice-based snack food; rice cakes; royal jelly for food purposes; saffron for use as a food seasoning; sago; salt for preserving foodstuffs; sausage binding materials being sausage rolls; sea water for cooking; seasonings; seaweed for use as a condiment; sorbets; soya bean paste; soya flour; soya sauce; spaghetti; spring rolls; star aniseed for use as a flavoring in food and drinks; starch for food; sugar; sushi; tabbouleh; tacos; tapioca; tapioca flour for food; tea; tea-based beverages; thickening agents for cooking foodstuffs; tomato sauce; tortillas; turmeric for food; unroasted coffee; vanilla flavoring for food or beverages; vanillin for use as a food flavoring; vegetal preparations for use as coffee substitutes; vermicelli; vinegar; waffles; wheat flour; yeast; flavored and sweetened gelatins; malt for food purposes; hop cones extract being hops extract used as flavoring for foods and beverages; hops extract used as flavoring for foods and beverages; roasted and ground sesame seeds for use as seasonings; processed wheat; buttercream icing; buttercream fillings for cakes; maize flour; processed grains, namely, rye; mixes in the nature of concentrates, syrups or powders used in the preparation of tea, coffee, and cocoa beverages; processed cereals; cereal bars; oatmeal; toaster pastries; breakfast burritos; pea crisps being crisp bread also containing peas; snack mix consisting primarily of popcorn, crackers and/or pretzels; snack mix consisting primarily of popcorn, crackers and/or pretzels and also including dried fruit, chocolate, processed nuts; snack foods, namely, rice-based snack foods, cereal-based snack foods, granola-based snack foods, coffee-based snack foods, quinoa-based snack foods, multigrain-based snack foods, chocolate-based snack foods, wheat-based snack foods, grain-based snack foods and corn-based snack foods; spreads, namely, cocoa spreads, chocolate-based spreads, chocolate-based spreads containing nuts and spreads consisting primarily of emulsified biscuits or cookies; frozen foods, namely, grain and bread-based appetizers, hors d'oeuvres and canapes; frozen foods, namely, breakfast sandwiches; cookies; mixes for making baking batters; mixes for bakery goods; chocolate chips; pretzels; refrigerated and frozen dough; refrigerated and frozen rolls; bread rolls; table syrup; cranberry sauce; piccalilli; chocolate-based meal replacement bars; pre-packaged dinners consisting primarily of pasta, rice, bread, crackers, or cookies and also containing vegetables, sauces, seasonings or beans

 

Class 32 – Beers; mineral and aerated waters and other non-alcoholic beverages, namely, soft drinks; fruit beverages and fruit juices; syrups and other preparations for making beverages, namely, concentrates and powders used in the making of carbonated beverages, soft drinks, flavored waters, fruit-flavored drinks, sport drinks and energy drinks; aerated water; aloe vera drinks, non-alcoholic; aperitifs, non-alcoholic; beer; beer wort; cider, non-alcoholic; cocktails, non-alcoholic; essences, not in the nature of essential oils for making non-alcoholic beverages; extracts of hops for making beer; fruit juice; fruit nectars, non-alcoholic; ginger ale; grape must, unfermented; isotonic beverages; kvass; lemonades; lithia water; malt beer; malt wort; mineral water; must; non-alcoholic beverages, namely, flavored with tea or coffee; non-alcoholic fruit extracts used in the preparation of beverages; non-alcoholic fruit juice beverages; non-alcoholic honey-based beverages; orgeat being syrup for making beverages; powders for effervescing beverages, namely, powders used in the preparation of carbonated beverages, soft drinks, flavored waters, fruit-flavored drinks, sport drinks and energy drinks; preparations for making aerated water; preparations for making non-alcoholic beverages, namely, soft drinks and fruit drinks; essences used for making liqueurs, not in the nature of essential oils; preparations for making mineral water; non-alcoholic sarsaparilla beverages; seltzer water; smoothies; soda water; sorbets in the nature of beverages; syrups for beverages; syrups for lemonade; table waters; tomato juice beverages; vegetable juice beverages; water beverages; whey beverages; hop cone extracts being extracts of hops for making beer; hops extracts for making beer; non-alcoholic cocktail mixes; flavored enhanced water; fruit juice concentrates; non-fruit drinks, namely, carbonated beverages, soft drinks, flavored waters, sport drinks and energy drinks; sports drinks; energy drinks; mixes for making non-alcoholic cocktails, carbonated beverages, soft drinks, flavored waters, fruit-flavored drinks, sport drinks and energy drinks; bottled fruit and vegetable juices; bottled water; bottled beverages, namely, bottled non-alcoholic cocktails, carbonated beverages, soft drinks, flavored waters, fruit-flavored drinks, sport drinks and energy drinks; low-calorie beverages, namely, low-calorie non-alcoholic cocktails, carbonated beverages, soft drinks, flavored waters, fruit-flavored drinks, sport drinks and energy drinks; diet drinks, namely, low-calorie non-alcoholic cocktails, carbonated beverages, soft drinks, flavored waters, fruit-flavored drinks, sport drinks and energy drinks

 

Class 43 – Services for providing food and drink; providing temporary accommodation; Cafes; Cafeterias; Canteen services; Food and drink catering; Rental of cooking apparatus; Rental of drinking water dispensers; Restaurants; Self-service restaurants; Snack-bar services; Temporary accommodation reservations; Restaurant services; snack bar, coffee bar and coffee house, carry out restaurant, and take out restaurant services; catering services; preparation of carry out foods and beverages; providing information online in the fields of cooking, food preparation, wine characteristics, wine and food pairings, ingredients and recipes; providing online information in the fields of restaurants and cafes, coffee houses, cafeterias and bars providing local food and drink

 

The remaining classes remain unchanged.

 

See TMEP §§1402.01, 1402.01(e).

 

WHAT HAPPENS NEXT

 

After the Trademark Examining Attorney issues the Examiner’s Amendment, Applicant will not receive a registration on the Principal Register for the applied-for mark until the mark makes it through the publication process and opposition period.  The publication process starts once the Trademark Examining Attorney issues the Examiner’s Amendment and the mark is approved for publication in the USPTO’s Trademark Official Gazette, a weekly online publication.  The USPTO will then send a “Notice of Publication” to Applicant specifying the date its mark will publish in this publication.

 

The USPTO publishes Applicant’s mark in the Trademark Official Gazette to provide third parties who believe they may be damaged by registration of Applicant’s mark an opportunity to oppose registration of that mark within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on these matters.  If a third party opposes registration of Applicant’s mark by instituting an opposition proceeding, the USPTO will send Applicant notice of this opposition.

 

If no one opposes registration of the mark, and the mark was published based upon Applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date.  Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request).  Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance.  If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request.  The USPTO will only issue a registration certificate after the Trademark Examining Attorney approves a Statement of Use.

 

For an overview of the time frames for when Applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines.  Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.

 

/Samantha Sherman/

Examining Attorney

Law Office 123

(571) 270-0903

Samantha.Sherman@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on July 24, 2019 for

U.S. Trademark Application Serial No. 87851084

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

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

 

Sherman, Samantha

/Samantha Sherman/

Examining Attorney

Law Office 123

(571) 270-0903

Samantha.Sherman@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).

 

 

 

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.”