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: 2/20/2019

 

 

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.  

 

This application was approved for publication on January 22, 2019.  See 37 C.F.R. §2.80.  However, approval of the application has been withdrawn to address the issue(s) below.  See TMEP §706.01.  The trademark examining attorney apologizes for any inconvenience this may cause applicant.

 

 

Applicant is encouraged to call or email the assigned trademark examining attorney below to resolve the issues in this Office action.  Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension.  See 37 C.F.R. §2.62(c); TMEP §707.

 

 

IDENTIFICATION AND CLASSIFICATION OF GOODS

 

The identification of goods is indefinite and must be clarified because it may include goods in more than one class.  See TMEP §1402.01.  In Class 29, the goods “olive oil” and “sesame oil” are indefinite and may be misclassified. Under Nice 11-2017, effective 1-1-2017, identifications for “oils” must indicate that the goods are “edible,” “for food” or “for culinary purposes” for classification in Class 29. For example, “canola oil for food,” “edible oil,” and “linseed oil for culinary purposes” are acceptable Class 29. Otherwise these may identify goods in other classes. Please clarify the nature of these goods and reclassify them as appropriate.   

 

 

Applicant may adopt the following identification, if accurate: 

 

 

INTERNATIONAL CLASS 003:  Cosmetic olive oil for the face and body

 

 

INTERNATIONAL CLASS 029:    Almond milk; almonds, ground; anchovy not alive; apple purée; bacon; blanched nuts; bouillons; broth concentrates; broth; butter substitutes; butter; buttercream; caffeine-coated nuts; candied fruits; candied nuts; canned tomatoes; canned tuna; caviar; charcuterie; cheese products, namely, cheese dips, cheese fondue, cheese powders, cheese spread, cheese-based snack foods; cheeses; chili; clams, not live; coconut milk; edible coconut oil; coconut, desiccated; processed coconut-based snacks; condensed milk; cooked and frozen fruits and vegetables; cooked vegetables; cooking oil; edible corn oil; cream cheese; cream; dairy products, namely, dairy-based dips, dairy-based spreads, dairy-based beverages, dairy-based snack bars; processed dates; dips; dried fruit mixes; dried fruit; dried lentils; dried meats; dried truffles; dried vegetables; drinking yogurts; edible birds' nests; edible oils, namely, pumpkin seed, sesame, soybean, sunflower, almond, hazelnut, pine nut, pistachio, walnut, macadamia, pecan, beech nut, cashew, mongongo nut, brazil nut, and peanut oils; egg salads; egg substitutes; eggs; evaporated milk; fish fillets; fish mousses; fish, preserved; flavored milk; flavored nuts; food package combinations consisting primarily of cheese, meat and/or processed fruit; formed textured vegetable protein for use as a meat substitute; frozen boxed dinners consisting primarily of meat, fish, poultry or vegetables; frozen fruits; frozen, frosted, preserved, processed, dried, cooked or crystallized fruit extracts for use in prepared meals or food; frozen, prepared, and packaged meals consisting primarily of vegetable-based entrees; fruit chips; fruit jellies; fruit or vegetable based snack foods; fruit peel; fruit preserves; fruit salads; fruit spreads; fruit, preserved; fruit-based organic food bars also containing whole grain; fruit-based raw food bars; fruit-based snack foods; gherkins; half and half; ham; hemp milk; hummus; jellies, jams, compotes; kefir; lard; legume salads; lentils, preserved; liver pâté; margarine; meat extracts; food additives for culinary purposes in the nature of fish extracts and tomato extracts; meat, fish, poultry, seafood, and game, not live; meat, preserved; meat-based snack foods; milk and milk products; milk powder for foodstuffs; milk shakes; milk substitutes; milk-based beverage flavored with chocolate; mushrooms, preserved; nut butters; nut meats; nut-based snack foods; oat milk; oils and fats for food; edible olive oil; olives, preserved; onions, preserved; packaged meals consisting primarily of meat, fish, poultry or vegetables; palm kernel oil for food; palm oil for food; paté; peanut butter; peanut milk; peanuts, processed; peas, preserved; pickled vegetables; pickles; pork; potato chips; potato-based salads; potato-based snack foods; poultry salads; poultry, not live; powdered eggs; prepared appetizers consisting primarily of meat, fish, poultry, seafood, or vegetables; prepared entrees consisting primarily of meat, fish, poultry, seafood, or vegetables; prepared entrees consisting primarily of vegetables, soups, fruit salads and vegetable salads; prepared food kits composed of meat, poultry, fish, seafood, and/or vegetables, ready for cooking and assembly as a meal; prepared meals consisting primarily of meat substitutes; prepared meals consisting primarily of meat, fish, poultry, seafood, vegetables, or egg; prepared nuts; prepared side dishes consisting primarily of meat, fish, poultry, seafood, or vegetables; preserved beans; preserved garlic; preserved soya beans for food; preserved truffles; preserved vegetables; preserves, namely, meat preserves, fish preserves, poultry preserves, game preserves, fruit preserves, vegetable preserves and tomato preserves; processed beans; processed fruit- and nut-based food bars; processed fruits and vegetables; processed meat; processed nuts; processed potatoes; processed seafood; processed seeds; processed tomatoes; processed, canned, dried and preserved fruits and vegetables; raisins; rape oil for food; rennet; rice milk; roasted nuts; sauerkraut; sausages; seafood, not live; seasoned nuts; seaweed extracts for food; edible sesame oil; shelled nuts; snack mix consisting primarily of processed fruits, processed nuts and/or raisins; snack mix consisting primarily of processed nuts, processed beans, and/or wasabi peas, and also containing crackers; snacks of edible seaweed; soups and preparations for making soups; soya milk; soy-based food bars; soy-based snack foods; soybean milk; suet for food; tahini; toddler meals, namely, frozen entrees consisting primarily of meat, fish, poultry or vegetables; toddler meals, namely, packaged entrees consisting primarily of meat, fish, poultry or vegetables; tofu; tofu-based snacks; tomato paste; tomato purée; truffle juice; unflavored and unsweetened gelatins; vegetable chips; vegetable juices for cooking; vegetable salads; vegetable-based raw food bars; vegetable-based snack foods; whey; whipped cream; whipped toppings; white of eggs; yogurt; yogurt-based beverages; yolk of eggs

 

  

An applicant may amend an identification of goods only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.

 

 

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.

 

 

MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

 

The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule).  The application identifies goods that are classified in at least two (2) classes; however, applicant submitted a fee sufficient for only one (1) class.  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

 

The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class.  See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a).  See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.

 

 

 

 

/Sally Shih/

Sally Shih

Trademark Examining Attorney

Law Office 106

571-272-9712

sally.shih@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 2/20/2019 FOR U.S. APPLICATION SERIAL NO. 88010989

 

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 2/20/2019 (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.