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.  A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

 

 

ISSUE/MAILING DATE: 2/8/2019

 

 

THIS IS A FINAL ACTION.

 

Applicant is encouraged to call or email the assigned Examining Attorney below to resolve the issues in this Office action.

 

INTRODUCTION

 

This Office action is in response to Applicant’s communication filed on January 8, 2019.

 

In a previous Office action dated July 18, 2018, Applicant was required to satisfy the following requirements:  Sign and properly verify the application; Respond to an inquiry regarding the significance of the wording in the mark; Amend the identification of goods and services.

 

Based on Applicant’s response, the Trademark Examining Attorney notes that the following requirements are SATISFIED: Application signed and verified; Response to inquiry provided.  See TMEP §§713.02, 714.04. 

 

Further, the Trademark Examining Attorney MAINTAINS and now makes FINAL the partial 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:

 

·       Amended Identification of Goods and Services Required – Partial Requirement

 

Also contained herein is a Partial Abandonment Advisory.

 

AMENDED IDENTIFICATION OF GOODS AND SERVICES REQUIRED –

PARTIAL REQUIREMENT

 

The stated requirement pertains only to the goods and services specified herein and does not bar registration as to the remaining goods and services.

 

The wording “pre-packaged dinners consisting primarily of pasta, rice, vegetables, bread, crackers, cookies, sauces, seasonings, or beans” in the identification of goods for International Class 30 must be clarified because it is indefinite, too broad, and could include goods in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass "pre-packaged dinners consisting primarily of vegetables" in Class 29, "pre-packaged dinners consisting primarily of pasta" in Class 30, etc. Furthermore, the nature of "pre-packaged dinners consisting primarily of…sauces or seasonings" is unclear.

 

Applicant may substitute the following wording in Class 30, if accurate:

 

Pre-packaged dinners consisting primarily of pasta, rice, bread, crackers, or cookies and also containing vegetables, sauces, seasonings, or beans

 

Further, the wording “bottled juices” in the identification of goods for Class 32 is indefinite and must be clarified because it does not make clear what type of juice the goods are.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant may substitute the following wording in Class 32, if accurate:

 

            Bottled fruit juices

 

Moreover, the wording “providing online information in the fields of restaurants and local providers of food and drink” in the identification of services for International Class 43 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.  In particular, this wording could "providing on-line web directory services featuring hyperlinks to the websites of local providers of food and drink" in Class 35, "providing online information in the field of restaurants providing local food and drink" in Class 43, etc.

 

Applicant may substitute the following wording in Class 43, if accurate: 

 

Providing online information in the fields of restaurants and restaurants providing local food and drink

 

Scope Advisory

 

Applicant may amend the identification to clarify or limit the goods and services, but not to broaden or expand the goods and services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and services may not later be reinserted.  See TMEP §1402.07(e).  Additionally, for U.S. applications filed under Trademark Act Section 44(e), the scope of the identification for purposes of permissible amendments may not exceed the scope of the goods and services identified in the foreign registration.  37 C.F.R. §2.32(a)(6); Marmark, Ltd. v. Nutrexpa, S.A., 12 USPQ2d 1843, 1845 (TTAB 1989) (citing In re Löwenbräu München, 175 USPQ 178, 181 (TTAB 1972)); TMEP §§1012, 1402.01(b).

 

ID Manual Online

 

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.  See TMEP §1402.04.

 

RESPONSE GUIDELINES

 

PARTIAL ABANDONMENT ADVISORY: Applicant must respond within six months of the date of issuance of this final Office action or the following goods and services to which the FINAL requirement applies will be deleted from the application by Examiner’s Amendment: 

 

Class 30 – Pre-packaged dinners consisting primarily of pasta, rice, vegetables, bread, crackers, cookies, sauces, seasonings, or beans

 

Class 32 – Bottled juices

 

Class 43 – Providing online information in the field of restaurants and local providers of food and drink

 

37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).

 

The application will then proceed for the following goods and services:

 

Class 3 – Dishwasher detergents; non-medicated soap; non-medicated liquid soap; non-medicated hand soaps; laundry powder being powder laundry detergents; laundry detergents; laundry fabric conditioner; laundry detergents for household cleaning use; glass cleaners; furniture cleaner; upholstery cleaners; spray cleaners for household use; spray cleaners for use on textiles; baby powders; baby wipes; baby oils; baby lotions; baby shampoo; baby hair conditioner; non-medicated baby care products, namely, bath preparations for babies, baby suncreams, non-medicated soaps for babies and baby bubble bath; non-medicated diaper rash cream; natural starches for laundry purposes; shampoo; hair conditioner; hair shampoo; bath oil; hair oils; sunblock; sunscreen; waterproof sunscreen; sun-tanning gels; after sun creams; after-sun lotions; sun block; sun care lotions; SPF sun block sprays; air fragrance preparations; household bleach; fragrance for household purposes; cleaning preparations for household purposes; cleaning substances for household use; stain removing preparations for use on household goods; antiperspirants; shower and bath gels; shower and bath foam; cosmetic preparations for the bath and shower; body oils; body lotions; body powder; body creams; cosmetic preparations for body care; body scrub; body masks; body sprays; face oils; face lotions; face powder; face creams; cosmetic preparations for face care; cosmetic face scrub; facial masks; foot deodorant spray; foot scrub; non-medicated foot soaks; foot masks for skin care; foot smoothing stones; non-medicated foot powder; hand scrub; hand creams; hand lotions; hand masks for skin care; nail polish; nail polish remover; nail grooming products, namely, tips, glue, lacquer and glitter; nail care kits comprising nail polish; nail care preparations; false nails; adhesives for artificial nails; nail creams; nail repair products, namely, nail wraps; nail cosmetics; tooth whitening preparations; teeth whitening strips impregnated with teeth whitening preparations; toothpaste; tooth cleaning preparations; non-medicated mouthwash; pet shampoos; shaving preparations; shaving lotion; shaving gel; shaving soap; shaving creams; pre-shave preparations; after-shave preparations; after-shave; cosmetics; lipstick; lipstick cases; lip liner; lip balm; lip gloss; lip cream; non-medicated baby skin care preparations; hair styling preparations; hair styling spray; hair styling gel; hair styling foam; coconut oil for cosmetic purposes

 

Class 5 – Disinfectants; disinfectant soap; disinfecting hand wash; disinfectants for household use; medicated baby powders; medicated baby oils; sanitary tampons; sanitary pads; sanitary towels; baby diapers; paper diapers for children and adults; disposable diapers for children; paper diapers for infants; first aid kits; feminine hygiene pads; sanitizers being sanitizing preparations for household use; air deodorizers; air purifying preparations; preparations for deodorizing the air; all-purpose deodorizing preparations for household, commercial or industrial use; medicated antiperspirant soaps; medicated preparations for shower and bath; medicated body powder; medicated lotions for the body; medicated lotions for the face; medicated face moisturizers; medicated foot powder; athletes' foot preparations; hand-sanitizing preparations; medicated hand wash; nail sanitizing preparations; nail fungus treatment preparations; medicated brush-on oral care gels; medicated toothpaste; medicated dental floss; medicated mouthwash; medicated pet shampoos; vitamins for pets; dietary supplements for pets; deodorizing preparations for pet litter boxes; medicated shaving preparations; medicated pre-shave preparations; medicated after-shave preparations; medicated sun care preparations; medicated sun screen; medicated sun block; incontinence garments; incontinence diapers; disposable adult diapers; vitamins; vitamin supplements; vitamin tablets; gummy vitamins; vitamin drops; vitamin preparations; multi-vitamins; herbal supplements; mineral supplements; dietary and nutritional supplements; dietary supplement drink mixes; powdered nutritional supplement drink mixes; meal replacement drink mixes adapted for medical use; meal replacement bars adapted for medical use; meal replacement bars for weight loss purposes; nutritional supplement energy bars; protein dietary supplements; whey protein supplements; protein supplement shakes; mineral, vitamin or nutritionally enhanced water for medical purposes; medicated shampoo; medicated hair conditioner; medicated hair shampoo; medicated lip balm; medicated lip cream; disposable training pants; baby food; baby formula; medicated baby skin care preparations; hair growth stimulants; medicinal preparations for treatment of hair loss; analgesics; medicated lozenges; disinfectant toilet bowl cleaners; pastilles for effervescing beverages, namely, cough pastilles for medical use and vitamin supplements in tablet form for use in making an effervescent beverage when added to water; coconut oil for medical purposes; cough syrup

 

Class 8 – Table cutlery; table cutlery for use by babies; disposable tableware being table cutlery made of plastics; table cutlery being knives, forks and spoons; nail clippers; nail buffers; nail files; razors; razor blades; razor cases; shaving cases; eyelash curlers

 

Class 10 – Baby bottles; nipples for baby bottles; disposable baby bottle liners; bottle holders for holding babies' bottles in the nature of plastic and fabric flexible braces and fabric slings worn by the person holding the baby; bottle holders for holding babies' bottles, namely, holders for holding babies' bottles during feeding in the nature of flexible braces for wearing around the neck of the person holding a feeding baby and in the nature of rigid braces for clamping to babies' seats during feeding; fitted baby bottle covers and sleeves made from textile and/or woven fabric

 

Class 16 – Paper napkins; disposable napkins; trash can liners; paper coffee filters; paper; paper towels; copying paper; printing paper; paper notebooks; loose-leaf paper; paper stationery; paper tissues; tissue paper; toilet paper; wax paper; paper for packaging; table linen of paper; tablemats of paper; trash bags; general purpose plastic and paper bags; plastic and paper food wrap; grocery bags; merchandise bags; plastic food storage bags for household use; lawn and leaf disposal bags; gift bags; plastic or paper bags for household use

 

Class 21 – Plates; paper plates; dinnerware of porcelain; disposable table plates; coffee filters, non-electric, namely, pour-over coffee filters not of paper for brewing coffee; coffee filters, not of paper, being part of non-electric coffee makers; paper cups; plastic cups; disposable cups; multipurpose wiping cloths for use with babies and toddlers; toothbrushes; toothbrush holders; dental floss; shaving brushes; shaving dishes; bathroom holders for holding razors; pet litter boxes; pet litter box liners; make-up brushes; make-up brush holders; tablemats of plastic

 

Class 29 – Meat, poultry and game; fish, not live; meat extracts; jellies, jams, compotes; eggs; milk; milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; ajvar (preserved peppers); albumen for culinary purposes; albumin milk; alginates for culinary purposes; almonds, ground; aloe vera prepared for human consumption; anchovy, not live; anchovy paste; animal marrow for food; apple puree; bacon; beans, preserved; black pudding; bone oil, edible; broth; broth concentrates; butter; caviar; charcuterie; cheese; clams, not live; cocoa butter for use as food; coconut butter for use as food; coconut, desiccated; coconut fat; coconut oil for food; compotes; condensed milk; corn oil for food; crayfish, not live; cream being dairy products; chicken, meat and fish croquettes; crustaceans, not live; curd; processed dates and dried dates; edible birds' nests; edible fats; edible oils; edible fats, namely, fat-containing mixtures for use as spreads on bread slices; fatty substances for the manufacture of edible fats being edible fats and oils; fish fillets; fish meal for human consumption; fish mousses; fish, preserved; canned fish; foods prepared from fish, namely, pickled fish and fish-based snack foods; frosted fruits; frozen fruits; fruit-based snack food; fruit chips; fruit jellies; fruit peel; fruit, preserved; fruit preserved in alcohol; fruit pulp; fruit salads; fruit, stewed; fruits, canned; game, not live; unflavored and unsweetened gelatins; gherkins; ginger jam; ham; herrings, not live; hummus chickpea paste; isinglass for food; jams; jellies for food; kefir; kimchi; kumys in the nature of fermented mare's eggs; lard for food; lecithin for culinary purposes; lentils, preserved; linseed oil for culinary purposes; liver; liver pate; lobsters, not live; low-fat potato chips; margarine; marmalade; meat; meat jellies; meat, preserved; cooked meat, canned; milk beverages, milk predominating; milk ferments for culinary purposes; milk products excluding frozen yogurt, ice cream and ice milk; milk shakes; mussels, not live; non-alcoholic egg nog; nuts, prepared; olive oil for food; olives, preserved; onions, preserved; oysters, not live; palm kernel oil for food; palm oil for food; peanut butter; peanuts, processed; peas, preserved; pectin for culinary purposes; pickles; pollen prepared as foodstuff; pork; potato chips; potato flakes; potato fritters; poultry, not live; powdered eggs; prawns, not live; preparations for making bouillon; preparations for making soup; preserved garlic; processed fish spawn; processed edible seeds, not being seasonings or flavorings; processed sunflower seeds; prostokvasha; raisins; rape oil for food; rennet; ryazhenka; salmon, not live; salted fish; salted meats; sardines, not live; sauerkraut; sausages; sausages in batter; sea-cucumbers, not live; seaweed extracts for food; sesame oil for food; shellfish, not live; shrimps, not live; silkworm chrysalis, for human consumption; smetana; snail eggs for human consumption; soups; soya milk; spiny lobsters, not live; suet for culinary purposes; sunflower oil for food; tahini; toasted laver; tofu; tomato juice for cooking; tomato puree; tripe; truffles, preserved; tuna fish, not live; vegetable juices for cooking; vegetable mousses; vegetable salads; vegetable soup preparations; whey; whipped cream; white of eggs; yogurt; yolk of eggs; coconut meal; processed algae for human consumption; processed beets; processed citrus fruit; processed coconuts; processed cola nuts; prepared hazelnuts; processed juniper berries; processed peppers; maize oil for food; processed vegetables, namely, processed nettles; processed oranges; processed roots for human consumption; non-alcoholic fruit extracts for use as ingredients of nutritional supplements and vitamins; binding agents for ice cream, namely, egg yolks and lecithin for culinary purposes; coffee creamer; pre-packaged dinners consisting of meat, seafood, or poultry, vegetables, cheeses or beans also including sauces or seasonings; meat-based snack foods; snack mix consisting primarily of dried fruits, processed fruits, processed nuts, seeds and/or raisins; snack mix consisting primarily of dried fruits, processed fruits, processed nuts, seeds and/or raisins and also including chocolate; snack foods, namely, nut-based snack foods, seed-based snack foods, potato-based snack foods, vegetable-based snack foods, fruit-based snack foods, soy-based snack foods, animal fat-based snack foods, bean-based snack foods and cheese-based snack foods; shortening; spreads, namely, fruit-based spreads, cheese-based spreads, meat-based spreads, dairy-based spreads, vegetable-based spreads, garlic-based spreads, legume-based spreads, lemon spreads, hazelnut spreads, nut-based spreads, nut-based spreads also including chocolate, peanut spreads and jellies; milk-based beverages containing milk concentrates; almond milk; non-alcoholic peanut milks, not being milk substitute; fruit-based meal replacement bars

 

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

 

Class 31 – Fresh fruits and vegetables; seeds, namely, agricultural seeds, crop seeds, plant seeds, flower seeds unprocessed edible seeds, bird seed, wheat seed, grass seed; natural plants and flowers; foodstuffs for animals; malt in the nature of unprocessed grain for brewing and distilling; algae for animal consumption; unprocessed algae for human consumption; algarovilla for animal consumption; almonds, fresh; live aloe vera plants; animal foodstuffs; raw sugar cane bagasses; unprocessed barley; beans, fresh; unprocessed beets, fresh beets; fresh berries, fresh fruits; beverages for pets; bird food; bran mash for animal consumption; chestnuts, fresh; fresh chicory; cut Christmas trees; live Christmas trees; fresh citrus fruit; cocoa beans, raw; coconut shell; fresh coconuts; fresh cola nuts; copra; cucumbers, fresh; cuttle bone for birds; dog biscuits; draff, namely the residue after fermentation of grain; edible chews for animals; fish, live; fish meal for animal consumption; flowers, dried, for decoration; flowers, natural; fodder; fruit, fresh; garden herbs, fresh; grains for animal consumption; grapes, fresh; hay; fresh hazelnuts; unprocessed hops, namely, fresh hops and hop cones; unprocessed juniper berries; leeks, fresh; lemons, fresh; lentils, fresh; lettuce, fresh; linseed for animal consumption; linseed meal for animal consumption; lobsters, live; raw locust beans; maize cake being cattle feed; malt for brewing and distilling; marc, namely, residue of pressed fruit for use as animal feed; fresh vegetable marrows; fish meal, peanut meal, linseed meal and flaxseed meal for animals; mushrooms, fresh; mussels, live; unprocessed vegetable, namely, unprocessed nettles; nuts, unprocessed; food for animals, namely, oil cake for animal consumption; olives, fresh; onions, being fresh vegetables; fresh oranges; oysters, live; palm trees, live; palm tree leaves; peanut cake for animals; peanut meal for animals; peanuts, fresh; peas, fresh; live peppers plants; pet food; live plants; plants, dried, for decoration; bee pollen in the form of raw material for industrial use; potatoes, fresh; raw barks; food for animals, namely, residue in a still after distillation for use as animal feed; fresh rhubarb; food for animals, namely, rice meal for animal forage; rice, unprocessed; raw roots, unprocessed for animal consumption; unprocessed rye; edible sesame, unprocessed; unprocessed shellfish, live; silkworm eggs; silkworms, live; sod; spinach, fresh; sugarcane; truffles, fresh; vegetables, fresh; vine plants, live; unprocessed wheat; wheat germ for animal consumption; wreaths of natural flowers; yeast for animal consumption, fish, live; anchovy, live; herrings, live; salmon, live; sardines, live; dates, namely, fresh dates, raw dates and unprocessed dates; electrolyte drink mix for pets; pet litter for domestic animals; aromatic sand being litter for pets; pet treats

 

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 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 33 – Alcoholic beverages except beers; alcoholic beverages containing fruit; alcoholic essences; alcoholic extracts; anise liqueur; anisette liqueur; aperitifs; arak; alcoholic bitters; brandy; hard cider; prepared alcoholic cocktails; curacao; digestifs in the nature of liqueurs and spirits; distilled beverages, namely, liquor; fruit extracts, alcoholic; gin; hydromel; kirsch; liqueurs; nira; peppermint liqueurs; perry; piquette; pre-mixed alcoholic beverages, other than beer-based; rice alcohol; rum; sake; spirits; vodka; whisky; wine; marc brandy

 

Class 35 – Advertising services; business management; business administration services; providing office functions; retail store services and online retail store services featuring disinfectant soap, dishwasher detergents, soap, liquid soap, hand soaps, laundry powder, laundry detergents, laundry fabric conditioner, laundry detergents for household cleaning use, glass cleaners, furniture cleaner, glass cleaners, toilet cleaners, upholstery cleaners, spray cleaners for household use, spray cleaners for use on textiles, baby powders, baby wipes, baby oils, baby lotions, baby shampoo, baby hair conditioner, baby care products, diaper rash cream, natural starches for laundry purposes, shampoo, hair conditioner, hair shampoo, bath oil, hair oils, sunblock, sunscreen, waterproof sunscreen, sun-tanning gels, after sun creams, after-sun lotions, sun block, sun care lotions, SPF sun block sprays, air fragrance preparations, household bleach, fragrance for household purposes, cleaning preparations for household purposes, cleaning substances for household use, stain removing preparations for use on household goods, disinfectants, disinfecting hand wash, disinfectants for household use, medicated baby powders, medicated baby oils, sanitary tampons, sanitary pads, sanitary towels, baby diapers, paper diapers, disposable diapers, paper diapers for infants, first aid kits, feminine hygiene pads, sanitizers for household use, air fresheners, air purifying preparations, preparations for deodorizing the air, all-purpose deodorizing preparations for household, commercial or industrial use, cutlery, cutlery for use by babies, disposable tableware being cutlery made of plastics, table cutlery being knives, forks and spoons, paper napkins, disposable napkins, trash can liners, paper coffee filters, plates, paper plates, dinnerware of porcelain, disposable table plates, coffee filters, non-electric, coffee filters, not of paper, being part of non-electric coffee makers, paper cups and plastic cups, Ajvar (preserved peppers), Albumen for culinary purposes, Albumin milk, Alginates for culinary purposes, Almonds, ground, Aloe vera prepared for human consumption, Anchovy, Apple purée, Bacon, Beans, preserved, Black pudding, Bone oil, edible, Broth, Broth concentrates, Butter, Buttercream, Caviar, Charcuterie, Cheese, Clams, not live, Cocoa butter, Coconut butter, Coconut, desiccated, Coconut fat, Coconut oil, Compotes, Condensed milk, Corn oil, Cranberry sauce, Crayfish, not live, Cream being dairy products, Croquettes, Crustaceans, not live, Curd, Dates, Edible birds' nests, Edible fats, Edible oils, Eggs, Fat-containing mixtures for bread slices, Fatty substances for the manufacture of edible fats, Fish fillets, Fish meal for human consumption, Fish mousses, Fish, not live, Fish, preserved, Fish, canned, Foods prepared from fish, Frosted fruits, Frozen fruits, Fruit-based snack food, Fruit chips, Fruit jellies, Fruit peel, Fruit, preserved, Fruit preserved in alcohol, Fruit pulp, Fruit salads, Fruit, stewed, Fruits, canned, Game, not live, Gelatine, Gherkins, Ginger jam, Ham, Herrings, Hummus chickpea paste, Isinglass for food, Jams, Jellies for food, Kefir, Kimchi, Kumys, Lard for food, Lecithin for culinary purposes, Lentils, preserved, Linseed oil for culinary purposes, Liver, Liver pate, Lobsters, not live, Low-fat potato chips, Margarine, Marmalade, Meat, Meat extracts, Meat jellies, Meat, preserved, Meat, canned, Milk, Milk beverages, milk predominating, Milk ferments for culinary purposes, Milk products, Milk shakes, Mushrooms, preserved, Mussels, not live, Non-alcoholic egg nog, Nuts, prepared, Olive oil for food, Olives, preserved, Onions, preserved, Oysters, not live, Palm kernel oil for food, Palm oil for food, Peanut butter, Peanuts, processed, Peas, preserved, Pectin for culinary purposes, Piccalilli, Pickles, Pollen prepared as foodstuff, Pork, Potato chips, Potato flakes, Potato fritters, Poultry, not live, Powdered eggs, Prawns, not live, Preparations for making bouillon, Preparations for making soup, Preserved garlic, Processed fish spawn, Processed seeds, Processed sunflower seeds, Prostokvasha, Raisins, Rape oil for food, Rennet, Ryazhenka, Salmon, Salted fish, Salted meats, Sardines, Sauerkraut, Sausages, Sausages in batter, Sea-cucumbers, not live, Seaweed extracts for food, Sesame oil, Shellfish, not live, Shrimps, not live, Silkworm chrysalis, for human consumption, Smetana, Snail eggs for consumption, Soups, Soya beans, preserved, for food, Soya milk, Spiny lobsters, not live, Suet for food, Sunflower oil for food, Tahini, Toasted laver, Tofu, Tomato juice for cooking, Tomato puree, Tripe, Truffles, preserved, Tuna fish, Vegetable juices for cooking, Vegetable mousses, Vegetable salads, Vegetable soup preparations, Vegetables, cooked, Vegetables, dried, Vegetables, preserved, Vegetables, canned, Whey, Whipped cream, White of eggs, Yogurt, Yolk of eggs, Allspice, Almond confectionery, Almond paste, Aniseed, Aromatic preparations for food, Artificial coffee, Baking powder, Baking soda, Barley meal, Bean meal, Bee glue, Beer vinegar, Binding agents for ice cream, Bread, Bread rolls, Breadcrumbs, Buns, Cake frosting, Cake powder, Cakes, Candy, Capers, Caramels, Celery salt, Cereal bars, Cereal-based snack food, Cereal preparations, Cheeseburgers, Chewing gum, Chicory, Chips, Chocolate, Chocolate-based beverages, Chocolate beverages with milk, Chocolate mousses, Chow-chow (condiment), Chutneys, Cinnamon spice, Cloves spice, Cocoa, Cocoa-based beverages, Cocoa beverages with milk, Coffee, Coffee-based beverages, Coffee beverages with milk, Coffee flavorings, Condiments, Confectionery, Confectionery for decorating Christmas trees, Cookies, Cooking salt, Corn flakes, Corn meal, Corn, milled, Corn, roasted, Couscous, Crackers, Cream of tartar for culinary purposes, Crushed barley, Crushed oats, Curry spice, Custard, Dessert mousses, Dough, Dressings for salad, Edible ices, Essences for foodstuffs, except etheric essences and essential oils, Farinaceous foods, Ferments for pastes, Flavorings, other than essential oils, Flavorings, other than essential oils, for beverages, Flavorings, other than essential oils, for cakes, Flour milling products, Fondants, Frozen yogurt, Fruit coulis, Fruit jellies, Garden herbs, preserved, Ginger spice, Gingerbread, Glucose for culinary purposes, Gluten additives for culinary purposes, Gluten prepared as foodstuff, Golden syrup, Groats for human food, Gruel, with a milk base, for food, Halvah, Ham glaze, High-protein cereal bars, Hominy, Hominy grits, Honey, Husked barley, Husked oats, Ice cream, Ice for refreshment, Ice, natural or artificial, Iced tea, Infusions, not medicinal, Ketchup, Leaven, Linseed for human consumption, Liquorice, Lozenges, Macaroni, Macaroons, Malt biscuits, Malt extract for food, Malt for human consumption, Maltose, Marinades, Marzipan, Mayonnaise, Meal, Meat gravies, Meat pies, Meat tenderizers, for household purposes, Mint for confectionery, Molasses for food, Muesli, Mustard, Mustard meal, Natural sweeteners, Noodle-based prepared meals, Noodles, Nutmegs, Oat-based food, Oat flakes, Oatmeal, Palm sugar, Pancakes, Pasta, Pasta sauce, Pasties, Pastries, Pastry, Peanut confectionery, Pepper, Peppermint sweets, Pepper seasonings, Pesto, Petit-beurre biscuits, Petits fours, Pies, Pizzas, Popcorn, Potato flour for food, Powders for ice cream, Pralines, Preparations for stiffening whipped cream, Puddings, Quiches, Ravioli, Relish, Rice, Rice-based snack food, Rice cakes, Royal jelly, Rusks, Saffron, Sago, Salt for preserving foodstuffs, Sandwiches, Sauces, Sausage binding materials, Sea water for cooking, Seasonings, Seaweed, Semolina, Sorbets, Soya bean paste, Soya flour, Soya sauce, Spaghetti, Spices, Spring rolls, Star aniseed, Starch for food, Stick liquorice, Sugar, Sushi, Sweetmeats, Tabbouleh, Tacos, Tapioca, Tapioca flour for food, Tarts, Tea, Tea-based beverages, Thickening agents for cooking foodstuffs, Tomato sauce, Tortillas, Turmeric for food, Unleavened bread, Unroasted coffee, Vanilla, Vanillin, Vegetal preparations for use as coffee substitutes, Vermicelli, Vinegar, Waffles, Wheat flour, Wheat germ for human consumption, Yeast, Algae for human or animal consumption, Algarovilla for animal consumption, Almonds, Aloe vera plants, Animal fattening preparations, Animal foodstuffs, Aromatic sand for pets, raw Bagasses of cane, Barley, Beans, fresh, Beet, Berries, fresh fruits, Beverages for pets, Bird food, Bran, Bran mash for animal consumption, Bred stock, Bulbs, Bushes, Cereal seeds, unprocessed, Chestnuts, fresh, Chicory roots, Chicory salad, Christmas trees, Citrus fruit, Cocoa beans, raw, Coconut shell, Coconuts, Cola nuts, Copra, Crayfish, live, Crustaceans, live, Cucumbers, fresh, Cuttle bone for birds, Dog biscuits, Draff, Edible chews for animals, Eggs for hatching, fertilized, Fish, live, Fish meal for animal consumption, Flax meal, Flowers, dried, for decoration, Flowers, natural, Fodder, Fruit, fresh, Garden herbs, fresh, Grains, Grains for animal consumption, Grapes, fresh, Groats for poultry, Hay, Hazelnuts, Hop cones, Hops, Juniper berries, Leeks, fresh, Lemons, fresh, Lentils, fresh, Lettuce, fresh, Lime for animal forage, Linseed for animal consumption, Linseed meal for animal consumption, Lobsters, live, Locust beans, Maize, Maize cake for cattle, Malt for brewing and distilling, Marc, Marrows, Mash for fattening livestock, Meal for animals, Menagerie animals, Mushroom spawn for propagation, Mushrooms, fresh, Mussels, live, Nettles, Nuts, Oats, Oil cake, Olives, fresh, Onions, fresh vegetables, Oranges, Oysters, live, Palm trees, Palm tree leaves, Peanut cake for animals, Peanut meal for animals, Peanuts, fresh, Peas, fresh, Peppers, Pet food, Pine cones, Plant seeds, Plants, Plants, dried, for decoration, Pollen, Potatoes, fresh, Poultry, live, Residual products of cereals for animal consumption, Rhubarb, Rice meal for forage, Rice, unprocessed, Roots for food, Rose bushes, Rough cork, Rye, Sea-cucumbers, live, Seed germ for botanical purposes, Seedlings, Sesame, Shellfish, live, Spinach, fresh, Spiny lobsters, live, Sugarcane, Truffles, fresh, Vegetables, fresh, Vine plants, Wheat, Wheat germ for animal consumption, Wreaths of natural flowers, Yeast for animal consumption, Aerated water, Aloe vera drinks, non-alcoholic, Aperitifs, nonalcoholic, Beer, Beer wort, Cider, nonalcoholic, Cocktails, non-alcoholic, Essences for making 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, Milk of almonds, Mineral water, Must, Non-alcoholic beverages, Non-alcoholic fruit extracts, Non-alcoholic fruit juice beverages, Nonalcoholic honey-based beverages, Orgeat, Pastilles for effervescing beverages, Peanut milk, Powders for effervescing beverages, Preparations for making aerated water, Preparations for making beverages, Preparations for making liqueurs, Preparations for making mineral water, non-alcoholic Sarsaparilla beverages, Seltzer water, Smoothies, Soda water, Sorbets in the form of beverages, Syrups for beverages, Syrups for lemonade, Table waters, Tomato juice, Vegetable juice beverages, Water beverages, Whey beverages, Alcoholic beverages except beers, Alcoholic beverages containing fruit, Alcoholic essences, Alcoholic extracts, Anise liqueur, Anisette liqueur, Aperitifs, Arak, Bitters, Brandy, Cider, Cocktails, Curacao, Digestifs in the nature of liqueurs and spirits, Distilled beverages, Fruit extracts, alcoholic, Gin, Hydromel, Kirsch, Liqueurs, Nira, Peppermint liqueurs, Perry, Piquette, Pre-mixed alcoholic beverages, other than beer-based, Rice alcohol, Rum, Sake, Spirits, Vodka, Whisky, Wine, antiperspirants, shower and bath gels, shower and bath foam, cosmetic preparations for the bath and shower, body oils, body lotions, body powder, body creams, cosmetic preparations for body care, body scrub, body masks, body sprays, face oils, face lotions, face powder, face creams, cosmetic preparations for face care, face scrub, face masks, foot deodorant spray, foot scrub, foot soaks, foot masks for skin care, foot smoothing stones, foot powder, hand scrub, hand creams, hand lotions, hand masks for skin care, nail polish, nail polish remover, nail grooming products, nail care kits, nail care preparations, artificial nails, adhesives for artificial nails, nail creams, nail repair products, nail cosmetics, tooth whitening preparations, teeth whitening strips, toothpaste, tooth cleaning preparations, mouthwash, pet shampoos, shaving preparations, shaving lotion, shaving gel, shaving soap, shaving creams, pre-shave preparations, after-shave preparations, after-shave, cosmetics, lipstick, lipstick cases, lip liner, lip balm, lip gloss, lip cream, baby skin care preparations, hair styling preparations, hair styling spray, hair styling gel, hair styling foam, medicated antiperspirants, medicated preparations for shower and bath, medicated body powder, medicated lotions for the body, medicated lotions for the face, medicated face moisturizers, medicated foot powder, athletes' foot preparations, hand-sanitizing preparations, medicated hand wash, nail sanitizing preparations, nail fungus treatment preparations, medicated brush-on oral care gels, medicated toothpaste, medicated dental floss, medicated mouthwash, medicated pet shampoos, vitamins for pets, dietary supplements for pets, deodorizing preparations for pet litter boxes, medicated shaving preparations, medicated pre-shave preparations, medicated after-shave preparations, medicated sun care preparations, medicated sun screen, medicated sun block, incontinence garments, incontinence diapers, disposable adult diapers, vitamins, vitamin supplements, vitamin tablets, gummy vitamins, vitamin drops, vitamin preparations, multi-vitamins, herbal supplements, mineral supplements, dietary and nutritional supplements, dietary supplement drink mixes, nutritional supplement drink mixes, meal replacement drink mixes, meal replacement bars, nutritional bars, protein dietary supplements, whey protein supplements, protein supplement shakes, mineral, vitamin, or nutritionally enhanced water for medical purposes, medicated shampoo, medicated hair conditioner, medicated hair shampoo, medicated lip balm, medicated lip cream, disposable training pants, baby food, baby formula, medicated baby skin care preparations, hair growth stimulants, medicinal preparations for treatment of hair loss, analgesics, medicated lozenges, nail clippers, nail buffers, nail files, razors, razor blades, razor cases, shaving cases, eyelash curlers, paper, paper towels, copying paper, printing paper, paper notebooks, loose-leaf paper, paper stationery, paper tissues, tissue paper, toilet paper, wax paper, paper for packaging, table linen of paper, tablemats of plastic and paper, trash bags, plastic and paper bags, plastic and paper food wrap, grocery bags, merchandise bags, food storage bags, lawn and leaf bags, gift bags, bags for household use, Baby bottles, nipples for baby bottles, disposable baby bottle liners, bottle holders for holding babies' bottles, fitted baby bottle covers and sleeves, disposable cups, multipurpose wiping cloths for use with babies and toddlers, toothbrushes, toothbrush holders, dental floss, shaving brushes, shaving dishes, bathroom holders for holding razors, pet litter boxes, pet litter box liners, make-up brushes, make-up brush holders, coffee creamer, pre-packaged dinners, meat-based snack foods, snack mix, snack foods, shortening, spreads, mixes the nature of concentrates, syrups or powders used in the preparation of tea, coffee, and cocoa beverages, cereals, cereal bars, oatmeal, toaster pastries, breakfast burritos, margarine, milk-based beverages containing milk concentrates, pea crisps, snack mix, snack foods, spreads, frozen foods, frozen foods, namely, breakfast sandwiches, cookies, mixes for making baking batters, mixes for baked goods, chocolate chips, pretzels, refrigerated and frozen dough, refrigerated and frozen rolls, bread rolls, syrup, electrolyte drink mix for pets, pet litter, aromatic sand being litter for pets, pet treats, non-alcoholic cocktail mixes, flavored enhanced water, fruit juice concentrates, non-fruit drinks, sports drinks, energy drinks, mixes for making beverages, bottled juices, bottled water, bottled beverages, low-calorie beverages, diet drinks; management of a retail store and supermarket, namely, business management assistance in the establishment and/or operation of retail stores, grocery stores and supermarkets; Retail store services in the field of foods and beverages, nutritional products, cosmetics, cleaning supplies, beauty supplies, personal care products, baby products, pet products, pet food, paper products and disposable products; providing a customer loyalty rewards program for shoppers, namely, customer loyalty services and customer club services for commercial, promotional and/or advertising purposes; information, advisory and consultancy services relating to the aforesaid

 

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

 

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

 

(1)       a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies the outstanding requirement; and/or

 

(2)       an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 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, 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).  There is a fee required for filing a petition.  37 C.F.R. §2.6(a)(15).

 

ASSISTANCE

 

Please call or email the assigned Trademark Examining Attorney with questions about this Office action.  Although the Trademark Examining Attorney cannot provide legal advice or statements about Applicant’s rights, the Trademark Examining Attorney can provide Applicant with additional explanation about the requirement in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

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 $125 per 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 or e-mail without incurring this additional fee.  

 

/Samantha Sherman/

Examining Attorney

Law Office 123

(571) 270-0903

Samantha.Sherman@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 2/8/2019 FOR U.S. APPLICATION SERIAL NO. 87851084

 

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 2/8/2019 (or sooner if specified in the Office action).  A response transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the response period.  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 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.