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: 10/12/2018

 

 

 

 

 

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.  

 

 

A nearly complete search of the Office’s database of registered and pending marks for potentially conflicting marks has been conducted, but is deferred in part because the following wording in the identification of goods and/or services is so indefinite that a proper search for these goods and/or services cannot be conducted:  “recorded computer programs.”  TMEP §704.02.  Numerous registrations and prior pending applications exist for software goods or software as a service for the mark GO and/or GO formative marks, any or all of which may potentially be section 2(d) citations based on the current indefinite identification which presently encompasses any and all types of software or computer programs.

 

Until applicant submits a sufficiently definite identification of goods as required elsewhere in this Office action, action on the merits is deferred in part for these goods with respect to likelihood of confusion under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d). 

 

Accordingly, the trademark examining attorney has searched the Office’s database of registered and pending marks for the all other goods/services in the application except “recorded computer programs.”

 

For these goods and/or services, marks in prior-filed pending applications were found that may present a bar to registration of applicant’s mark and registrations were found that present a bar to registration of applicant’s mark.  TMEP §704.02; see 15 U.S.C. §1052(d). 

 

Therefore, subject to the foregoing, the referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

SECTION 2(D) REFUSAL

THE REFUSAL AS TO REG. NO. 1003552 IS LIMITED TO SERVICES IN INTERNATIONAL CLASS 35 ONLY.

 

THE REFUSAL AS TO REG. NO. 4909267 IS LIMTED TO THE FOLLOWING GOODS IN INTERNATIONAL CLASS 32 ONLY: MINERAL AND AERATED WATERS AND OTHER NON-ALCOHOLIC BEVERAGES; FRUIT BEVERAGES AND FRUIT JUICES; SYRUPS AND OTHER PREPARATIONS FOR MAKING BEVERAGES; AERATED WATER; BEVERAGES CONTAINING VITAMINS; BEVERAGES ENRICHED WITH ADDED VITAMINS; NON-ALCOHOLIC COCKTAILS; ENERGY DRINKS; ENERGY DRINKS CONTAINING CAFFEINE; FLAVOURED CARBONATED BEVERAGES; FRUIT JUICE; ISOTONIC BEVERAGES; SPORTS DRINKS; NON- DAIRY MILK; TOMATO JUICE BEVERAGE; VEGETABLE JUICES; WATERS; EFFERVESCENT (SHERBET) TABLETS AND EFFERVESCENT POWDERS FOR DRINKS; SMOOTHIES (NON-ALCOHOLIC FRUIT BEVERAGES).

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 1003552 and 4909267.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

Trademark Act Section 2(d) bars registration of an applied-for mark that so resembles a registered mark that it is likely a consumer would be confused, mistaken, or deceived as to the source of the goods and/or services of the applicant and registrant(s).  See 15 U.S.C. §1052(d).  Determining likelihood of confusion is made on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  However, “[n]ot all of the [du Pont] factors are relevant to every case, and only factors of significance to the particular mark need be considered.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1366, 101 USPQ2d 1713, 1719 (Fed. Cir. 2012) (quoting In re Mighty Leaf Tea, 601. F.3d 1342, 1346, 94 USPQ2d 1257, 1259 (Fed. Cir 2010)).  The USPTO may focus its analysis “on dispositive factors, such as similarity of the marks and relatedness of the goods [and/or services].”  In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); see TMEP §1207.01.  In this case, the similarity of the marks and the relatedness of the services and their trade channels are of particular relevance.

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014) (citing In re 1st USA Realty Prof’ls, Inc., 84 USPQ2d 1581, 1586 (TTAB 2007)); In re White Swan Ltd., 8 USPQ2d 1534, 1535 (TTAB 1988)); TMEP §1207.01(b).

The applicant’s mark is GO (stylized with design).  The first registrant’s mark is GO MART (with MART being a generic, disclaimed term).  The second registrant’s mark is GO and design.  The literal portions of each mark consist of the term GO either or alone or with an added generic term for the services.  When each of the marks are considered in their entirety, the applicant’s mark is virtually identical if not identical to the registrants’ marks in sound, appearance and/or commercial impression.

The compared goods and/or services need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

The applicant’s goods/services (subject to this refusal) are identified as retail and business services related to the sale of food and beverages, and a variety of energy drinks, sports drinks, soft drinks, fruit drinks and water beverages.  The first registrant’s services are identified as retail food store services.  The second registrant’s goods are identified as energy drinks and enhanced energy drinks.  The respective goods/services are seen to be substantially identical and overlapping goods/services that move in the same channels of trade such that consumer source confusion is likely to result.  To the extent the goods/services would not be considered identical, the goods/services are highly related goods/services (e.g. business services as to the operation of retail food stores and light, non-alcoholic beverages) that move in the same channels of trade such that consumer source confusion is likely to result.

In sum, the similarity of the marks and the identicalness/relatedness of the goods/services and their channels of trade are such that consumer confusion as to source is likely to result.  Registration is therefore refused, as to the specified goods/services only, pursuant to Section 2(d) of the Trademark Act.

Notwithstanding the foregoing substantive refusal(s), the applicant must note the following prior pending applications and further respond to the following identification and classification of goods and services issue.

 

PRIOR PENDING APPLICATIONS

 

The filing dates of pending U.S. Application Serial Nos. 86-328368, 86-730025, 87-628864, 87-789116 precede applicant’s filing date.  See attached referenced applications.  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

IDENTIFICATION AND CLASSIFICATION OF GOODS AND SERVICES

 

The identification of goods is indefinite in part and must be clarified because not all goods and services are identified with the requisite clarity and specificity.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must identify all goods and services with specificity by common commercial or generic name for the goods and services.  Additionally, as general rule, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed.  See TMEP §1402.12.  Finally, applicant should avoid the use of duplicate entries (e.g. cheese, yeast, artificial coffee, treacle, bread, cereal bars, coffee, condiments, cocoa, honey, noodles, sauces, sago, sorbet, sugar, tapioca, tea, vinegar, yeast, confectionery, pastries, ice cream, wine, tequila) by either deleting the duplicate entry or amending the entry to identify the duplicate goods with further specificity so as to distinguish it as a separate entry.

 

Additionally, certain goods and/or services are actually or potentially misclassified and are properly classified in other classes included in the application (e.g. cranberry sauce is properly classified in international class 30, not 29; milk substitutes are classified in class 29, not 32, etc.).  Applicant should note that many plant or animal based foods must indicate that they are processed to be properly classified in international class 29 or fresh, raw or live to be properly classified in international class 31. Applicant should properly classify all goods and services.

 

Applicant may therefore adopt any or all of the following identification and classification of goods and services, if accurate: 

 

International Class 4; Industrial oils and greases; Lubricants; Motor oil; Motor fuels;

 

International Class 9; Magnetically encoded {indicate type or function of card, e.g. credit, debit, gift, identity} cards; Encoded smart cards containing programming used to {specify the function or purpose and, if the programming is content or field specific, the field of use}; magnetic encoded card readers; smart card readers; encoders for writing encoded information on smart cards and magnetically encoded cards; magnetically encoded debit and credit cards for use when buying petrol and fuel; Electronic and magnetic ID cards for use in connection with payment for services; apparatus for data processing; recorded computer programs for {indicate the function of the computer program and field of use, if field specific};

 

International Class 29; Meat, fish, poultry and game, not live; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; cheese; jellies, jams, compotes; eggs, milk and milk products excluding ice cream, ice milk and frozen yogurt; edible oils and fats; prepared meals consisting primarily of meat, fish, poultry or vegetables; dairy products, namely, {indicate any and all goods by common commercial name}; processed fruits, edible funghi and vegetables; soups and stocks, meat extracts; prepared and ready-to-eat meals predominately made from meat, fish, seafood or vegetables; almonds, ground; prepared anchovies; apple purée; bacon; beans, preserved; black pudding; broth; broth concentrates; butter; butter cream; caviar; charcuterie; cocoa butter for food; nut butters, namely, coconut butter; coconut, desiccated; coconut fat; coconut oil for food; compotes; condensed milk; corn oil for food; compote; cream; {Specify type, e.g., chicken, meat, fish} croquettes; processed dates; edible fats; edible oils; fish fillets; fish, not live; fish, preserved; frozen fruits; fruit-based snack food; fruit peel; fruit, preserved; fruit salads; Unflavored and unsweetened gelatins; gherkins; ham; herrings, not live; hummus; fruit jellies; processed lentils; liver; liver pate; lobsters, not live; margarine; marmalade; meat pates; vegetable pates; meat jellies; meat, preserved; mushrooms, preserved; mussels, not live; processed nuts; processed pulses; olive oil for food; olives, preserved; palm oil for food; peanut butter; processed peanuts; peas, preserved; pickles; pork; potato crisps; poultry; prawns, not live; prepared garlic; processed {indicate type e.g. sunflower, pumpkin, etc.} seeds; raisins; rape oil for food; sausages; sesame oil for food; shellfish, not live; shrimps, not live; soups; soya beans, preserved, for food; soya milk; suet for culinary purposes; tofu; tomato purée; tripe; truffles, preserved; vegetable juices for cooking; vegetable soup preparations; vegetables, cooked; vegetables, preserved; vegetables, tinned; yogurt; preparations made of soya, namely, {indicate specific goods within class, e.g. soya patties}; milk shakes; milk powder for foodstuffs; dried fruits, vegetables and meats; drinking yogurts; potato based snack foods; fruit based snack foods, meat based snack foods; desserts made from milk products; fruit desserts; dairy desserts; potato based dumplings; milk substitutes;

 

International Class 30; Cranberry sauce; flavored and sweetened gelatins; Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour; preparations made from cereals, namely, {indicate specific items}; bakery goods; bread, pastries and confectionery made of sugar; frozen confectionery; edible ices, ice creams, frozen yoghurts and sorbets; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces; condiments, namely, {indicate specific items}; spices; ice; frozen flavored water; processed grains, starches for food, baking preparations namely {indicate goods within class by commercial name};  grain based snack foods; chocolate based snack foods; table syrup; chocolate syrup; maple syrup; treacle;  savoury sauces for use as condiments, chutneys and {indicate type, e.g. almond, bean, etc.} pastes; cereal bars and cereal-based energy bars; processed and ready to eat cereals; dried and fresh pastas, noodles and flour based dumplings; almond confectionery; almond paste; aniseed for use as a flavoring in food and drinks; aromatic preparations for food, namely, spices; baking powder; baking soda; barley meal; bean meal; bread rolls; breadcrumbs; buns; cake frosting (icing); candy; capers; cereal-based snack food; preparations made from cereals, namely, {indicate specific items}; cheeseburger sandwiches; chewing gum; chocolate-based beverages; chocolate mousses; cocoa-based beverages; coffee-based beverages; cookies; cooking salt; corn flakes; corn meal; couscous; crackers; crisp breads; custard; dessert mousses; dough; dressings for salad; flavorings, other than essential oils, for foods; garden herbs, preserved; gingerbread; ice cream; iced tea; tea and herbal infusions, not medicinal; ketchup; marzipan; mayonnaise; meat gravies; meat pies; muesli; natural sweeteners; noodle-based prepared meals; oat-based snack food; oat flakes; oatmeal; palm sugar; pancakes; pasta; pasta sauce; pastries; pastry; peanut confectionery made of sugar; pepper; peppermint sweets; pesto; pies; pizzas; popcorn; pralines; puddings; quiches; ravioli; tomato relish, namely, salsa; sweet corn relish; rice cakes; rusks; sandwiches; seasonings; semolina; soya sauce; spaghetti; spring rolls; sushi; tacos; tarts; tea-based beverages; thickening agents for cooking foodstuffs; tomato sauce; tortillas; waffles; wheat flour; non-medicated confectionery, namely, {indicate type of confectionery}; frozen confectionery; sugar confectionery; chocolate; chocolate confections; confectionery in frozen form; frozen and chocolate confectionery bars; Non-medicated lozenges; confectionery pastilles; sweets; frozen confections, namely, ice lollies; chocolates; chocolate based spread; biscuits; cakes; wafers; corn-based snack foods; potato-based snack foods; ice cream products, namely, ice cream sandwiches and desserts; frozen desserts consisting of fruit and cream or cream substitutes;

 

International Class 31; Fresh lentils; live shrimp and shellfish; Raw and unprocessed agricultural, aquacultural, horticultural and forestry products, namely, {identify all such goods by common commercial name}; Unprocessed grains for eating;  unprocessed edible seeds; Fresh fruits and vegetables, fresh herbs; Natural plants and flowers; Bulbs, seedlings and seeds for planting; Live animals; foodstuffs and beverages for animals; malt for brewing and distilling; agricultural seeds; foodstuffs for animals; unprocessed barley; beans, fresh; beet, fresh; fresh berries, fresh fruits; beverages for pets; bird food; bran mash for animal consumption; bulbs for agricultural and horticultural purposes; live bushes; cereal seeds, unprocessed; chestnuts, fresh; fresh chicory; live Christmas trees; cut Christmas trees;  fresh citrus fruit; raw and fresh coconuts; fresh cucumbers; dog biscuits; fresh garden herbs; fresh grapes; fresh leeks; fresh lemons; fresh lettuce; fresh mushrooms; mussels, live; fresh oats; olives, fresh; fresh onions; fresh vegetables; fresh oranges; plant seeds; live plants; plants, dried, for decoration; fresh potatoes; fresh rhubarb; shellfish, live; fresh spinach; unprocessed wheat; wheat germ for animal consumption; {indicate, e.g. chopped straw, wood shavings, cellulose} for animal bedding; litter for animals; fresh nuts;

 

International Class 32; Beers; Mineral and aerated waters; Non-alcoholic beverages, namely, {indicate any and all such goods within class, e.g. soft drinks, flavored water, etc.}; Fruit beverages and fruit juices; syrups for making beverages; Preparations for making beverages, namely, {indicate specific type of beverage, e.g., fruit drinks}; aerated water; ale; lager; porter; shandy; stout; water enhanced with vitamins; sports and energy drinks enhanced with vitamins; non-alcoholic cocktails; energy drinks; energy drinks containing caffeine; flavoured carbonated beverages; fruit juice; isotonic beverages; sports drinks; tomato juice beverage; vegetable juices; drinking waters; powders and effervescent tablets used in the preparation of soft drinks; smoothies being non-alcoholic fruit beverages; Non-alcoholic fruit extracts used in the preparation of beverages; sweet cider;

 

International Class 33; Alcoholic beverages except beers; alcoholic cocktail mixes; spirits and liqueurs; liquor; hard cider; wine; pre-mixed alcoholic beverages other than beer-based; alcoholic beverages containing fruit; alcoholic essences; alcoholic extracts; aperitifs; alcoholic bitters; brandy; calvados; cream liqueurs; prepared alcoholic cocktails; distilled spirits; fruit extracts, alcoholic; gin; grappa; kirsch; liqueurs; peppermint liqueurs; perry; pre-mixed alcoholic beverages, other than beer-based; rum; sake; spirits; distilled blue agave liquor; vodka; whisky; wine; alcoholic energy drinks; alcoholic punches; blended whisky; bourbon whiskey; liqueurs containing cream; malt whisky; mulled wines; port; port wines; rum punch; sangria; schnapps; sherry; sparkling wines; vermouth;

 

International Class 35; Business management, business administration services, business administration assistance and retail store services in the field of meat, fish, poultry and game, meat extracts, preserved, frozen, dried and cooked fruits and vegetables, cheese, jellies, jams, compotes, eggs, milk and milk products, edible oils and fats, prepared meals, dairy products, processed fruits, edible fungi and vegetables, soups and stocks, meat extracts, prepared and ready meals predominately made from meat, fish, seafood or vegetables, almonds, ground, anchovies, apple purée, bacon, beans, preserved, black pudding, broth, broth concentrates, butter, butter cream, caviar, charcuterie, cheese, cocoa butter, coconut butter, coconut, desiccated, coconut fat, coconut oil, compotes, condensed milk, corn oil, cranberry sauce, cream, croquettes, dates, edible fats, edible oils, fish fillets, fish, not live, fish, preserved, frozen fruits, fruit-based snack food, fruit peel, fruit, preserved, fruit salads, gelatin, gherkins, ham, herrings, hummus, fruit jellies, lentils, liver, liver pate, lobsters, not live, margarine, marmalade, meat pates, vegetable pates, meat jellies, meat, preserved, milk products, mushrooms, preserved, mussels, not live, nuts, pulses, olive oil, olives, preserved, palm oil for food, peanut butter, peanuts, peas, preserved, pickles, pork, potato crisps, poultry, prawns, garlic, processed seeds, raisins, rape oil, sausages, sesame oil, shellfish, shrimps, soups, soya beans, preserved, for food, soya milk, suet, tofu, tomato purée, tripe, truffles, preserved, vegetable juices for cooking, vegetable soup preparations, vegetables, cooked, vegetables, preserved, vegetables, tinned, yogurt, preparations made of soya, milk shakes, milk powder for foodstuffs, dried foodstuffs, drinking yogurts, potato snacks, fruit snacks, meat snacks, desserts made from milk products, fruit desserts, dairy desserts, Coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, baked goods, bread, pastries and confectionery, edible ices, ice creams, frozen yoghurts and sorbets, sugar, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces; condiments, spices, ice, frozen water, processed grains, starches, baking preparations and yeast, savoury snacks, syrups and treacle, savoury sauces, chutneys and pastes, cereal bars and energy bars, cereals, dried and fresh pastas, noodles and dumplings, almond confectionery, almond paste, aniseed, aromatic preparations for food, artificial coffee, baking powder, baking soda, barley meal, bean meal, bread, bread rolls, breadcrumbs, buns, cake frosting, icing, candy, capers, cereal bars, cereal-based snack food, cereal preparations, cheeseburgers, chewing gum, chocolate-based beverages, chocolate mousses, cocoa, cocoa-based beverages, coffee, coffee-based beverages, condiments, cookies, cooking salt, corn flakes, corn meal, couscous, crackers, crisp breads, custard, dessert mousses, dough, dressings for salad, flavourings, garden herbs, preserved, gingerbread, honey, ice cream, iced tea, infusions, not medicinal, ketchup, marzipan, mayonnaise, meat gravies, meat pies, muesli, natural sweeteners, noodle-based prepared meals, noodles, oat-based food, oat flakes, oatmeal, palm sugar, pancakes, pasta, pasta sauce, pasties, pastry, peanut confectionery, pepper, peppermint sweets, pesto, pies, pizzas, popcorn, pralines, puddings, quiches, ravioli, tomato relish, sweet corn relish, rice cakes, rusks, sago, sandwiches, sauces, condiments, seasonings, semolina, sorbets, soya sauce, spaghetti, spring rolls, sugar, sushi, tacos, tapioca, tarts, tea, tea-based beverages, thickening agents for cooking foodstuffs, tomato sauce, tortillas, vinegar, waffles, wheat flour, yeast, confectionery, non-medicated confectionery, frozen confectionery, sugar confectionery, chocolate, chocolate confections, confectionery in frozen form, confectionery bars, lozenges, pastilles, sweets, ice lollies, chocolates, chocolate spread, biscuits, cakes, pastries, wafers, snack foods, ice cream and ice cream products, chilled and frozen confections and desserts, Raw and unprocessed agricultural, aquacultural, horticultural and forestry products, Raw and unprocessed grains and seeds, Fresh fruits and vegetables, fresh herbs, Natural plants and flowers, Bulbs, seedlings and seeds for planting, Live animals, Foodstuffs and beverages for animals, Malt, seeds, natural plants and flowers, foodstuffs for animals, malt, barley, beans, fresh, beet, berries, fresh fruits, beverages for pets, bird food, bran, bran mash for animal consumption, bulbs, bushes, cereal seeds, unprocessed, chestnuts, fresh, chicory salad, Christmas trees, citrus fruit, coconuts, cucumbers, dog biscuits, fresh garden herbs, grapes, leeks, lemons, lettuce, mushrooms, mussels, live, oats, olives, fresh, onions, fresh vegetables, oranges, plant seeds, plants, plants, dried, for decoration, potatoes, rhubarb, shellfish, live, spinach, wheat, wheat germ for animal consumption, bedding and litter for animals, fresh nuts, Beers, Mineral and aerated waters and other non-alcoholic beverages, Fruit beverages and fruit juices, syrups and other preparations for making beverages, aerated water, ale, lager, porter, shandy, stout, beverages containing vitamins, beverages enriched with added vitamins, non-alcoholic cocktails, energy drinks, energy drinks containing caffeine, flavoured carbonated beverages, fruit juice, isotonic beverages, sports drinks, non-dairy milk, tomato juice beverage, vegetable juices, waters, effervescent sherbet tablets and effervescent powders for drinks, smoothies, non-alcoholic fruit beverages, Alcoholic beverages except beers, preparations for making alcoholic beverages, spirits and liquors, cider, wine, pre-mixed alcoholic beverages, alcoholic beverages containing fruit, alcoholic essences, alcoholic extracts, aperitifs, bitters, brandy, calvados, cream liqueurs, cider, cocktails, distilled beverages, fruit extracts, alcoholic, gin, grappa, kirsch, liqueurs, peppermint liqueurs, perry, pre-mixed alcoholic beverages, other than beer-based, rum, sake, spirits, beverages, tequila, vodka, whisky, wine, alcoholic energy drinks, alcoholic punches, blended whisky, bourbon whiskey, liqueurs containing cream, malt whisky, mulled wines, port, port wines, rum punch, sangria, schnapps, sherry, sparkling wines, tequila, vermouth;

 

International Class 37; Vehicle service stations for refueling and maintenance

 

International Class 43; Services for providing food and drink, namely, {indicate specific services, namely, restaurant services, bar services, catering services, etc.};

 

To the extent the suggested identification is incomplete or inaccurate, the applicant is further advised that the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual is available for assistance with identifying and classifying goods and services.  See TMEP §1402.04.

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or 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/or services may not later be reinserted.  See TMEP §1402.07(e).

 

Please feel free to contact the undersigned attorney if you wish to discuss this application.

 

/John S. Yard/

Trademark Examining Attorney

Law Office 115

(571) 272-9486

john.yard@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 10/12/2018 FOR U.S. APPLICATION SERIAL NO. 88010445

 

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 10/12/2018 (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.