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: 12/13/2018

 

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.

 

SUMMARY OF ISSUES:

• PARTIAL SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
• PRIOR-FILED APPLICATION ADVISORY
• IDENTIFICATION OF GOODS AND SERVICES MUST BE AMENDED
• MULTICLASS ADVISORY
• INFORMATION ABOUT GOODS AND SERVICES REQUIRED

 

PARTIAL SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

Registration of the applied-for mark is refused because of a likelihood of confusion with the marks in U.S. Registration Nos. 2056533, 2541433, and 4159272.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

 

This partial refusal applies only to “Breakfast cereals; Cereal bars; Cereal-based snack food; Oat-based food” in Class 30, “Fruit-based beverages; Fruit juices; Mineral and aerated waters; Non-alcoholic beverages; Seltzer water; Water beverages” in Class 32, and “Cafés; Cafeterias; Canteens; Catering services; Coffee bar services; Food and drink catering; Food preparation services; Juice bar services; Preparation of beverages; Hotel, restaurant and bar services; Restaurants; Restaurant services; Self-service restaurant services; Snack-bars; Serving food and drink; Take-out restaurant services” in Class 43.

 

The applied-for mark is AMAZONFRESH with design, identified for, in relevant part, “Baking powder; Baking soda; Bread; Bread crumbs; Bread sticks; Breakfast cereals; Biscuits; Burgers contained in bread rolls; Cake mixes; Cookie mixes; Cakes; Cereal bars; Caramels; Cereal-based snack food; Chewing gum; Chips; Chocolate; Chocolate-based beverages; Chocolate mousses; Cinnamon; Cocoa-based condiments, ingredients, mixes, powders, and spreads; Coffee; Coffee-based beverages; Coffee beans; Coffee and tea pods; Condiments; Confectionery; Cookies; Crackers; Dipping sauce; Dough; Dressings for salad; Flavorings, other than essential oils; Frozen yogurt; Fruit jellies; Flour; Frozen, prepared, or packaged meals or entrees consisting primarily of pasta or rice; Frozen foods, namely, grain and bread based appetizers, hors d'oeuvres, and canapés; Food package combinations consisting primarily of bread, crackers and/or cookies; Frozen confections; Gravy; Grits; Honey; Ice cream; Ice cream cones; Iced tea; Ices; Ice; Icing; Jelly beans; Lozenges; Marinades; Mayonnaise; Mixes for making breading; Mustard; Natural sweeteners; Noodles; Noodles, sauce, and topping combined in unitary packages; Oat-based food; Packaged meal kits consisting primarily of pasta or rice; Pancakes; Pasta; Pasta salad; Pastries; Pastry mixes, cream, dough, and shells; Pepper; Pies; Pizzas; Popcorn; Puddings; Rice; Rice cakes; Rice-based snack food; Rice and seasoning mix combined in a unitary package; Salt; Sandwiches; Sauces; Seasonings; Spices; Stuffing mixes containing bread; Sugar; Sushi; Syrup for flavoring food or beverages; Tacos; Tea; Tea bags; Tea-based beverages; Tea-based snack foods; Tortillas; Vanilla; Vinegar; Waffles; Yeast” in Class 30, “Beer; Cocktails, non-alcoholic; Energy drinks; Flavored water; Fruit-based beverages; Fruit juices; Ginger ale; Isotonic beverages; Lemonades; Malt wort; Milk of almonds; Mineral and aerated waters; Non-alcoholic beverages; Non-alcoholic fruit extracts; Non-alcoholic cocktail mixes; Peanut milk; Preparations for making beverages; Seltzer water; Smoothies; Soft drinks; Sorbets; Vegetable juices; Water beverages; Whey beverages” in Class 32, and “Cafés; Cafeterias; Canteens; Catering services; Coffee bar services; Food and drink catering; Food preparation services; Juice bar services; Preparation of beverages; Providing information online in the fields of cooking, food preparation, wine, wine and food pairings, ingredients and recipes; Hotel, restaurant and bar services; Restaurants; Restaurant services; Self-service restaurant services; Snack-bars; Serving food and drink; Take-out restaurant services” in Class 43.

 

U.S. Registration No. 2056533 is identified for “Restaurant services”.

 

U.S. Registration No. 2541433 AMAZON is identified for “breakfast cereals”.

 

U.S. Registration No. 4159272 AMAZON stylized is identified for “non-alcoholic drinks, namely, fruit drinks, fruit juices, mineral and aerated waters, coconut water, fruit nectar and mixed drinks”.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods and services of the parties.  See 15 U.S.C. §1052(d).  Likelihood of confusion is determined 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) (called the “du Pont factors”).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  Only those factors that are “relevant and of record” need be considered.  M2 Software, Inc. v. M2 Commc’ns, Inc., 450 F.3d 1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d 1350, 1353 (Fed. Cir. 2004)); see In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1744 (TTAB 2018). 

 

Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the similarities between the compared marks and (2) the relatedness of the compared goods and services.  See 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)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01.

 

Similarity of Marks

 

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 Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).

 

The applied-for mark is AMAZONFRESH with design.

 

U.S. Registration No. 2056533 is AMAZON stylized. U.S. Registration No. 2541433 is AMAZON. U.S. Registration No. 4159272 is AMAZON stylized.

 

When evaluating a composite mark consisting of words and a design, the word portion is normally accorded greater weight because it is likely to make a greater impression upon purchasers, be remembered by them, and be used by them to refer to or request the goods and services.  In re Aquitaine Wine USA, LLC, 126 USPQ2d 1181, 1184 (TTAB 2018) (citing In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012)); TMEP §1207.01(c)(ii).  Thus, although marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed.  In re Viterra Inc., 671 F.3d at 1366-67, 101 USPQ2d at 1911 (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)). Therefore, the wording AMAZONFRESH in the applied-for mark is the more significant portion of the applied-for mark.

 

Although marks are compared in their entireties, one feature of a mark may be more significant or dominant in creating a commercial impression.  See In re Detroit Athletic Co., 903 F.3d 1297, 1305, 128 USPQ2d 1047, 1050 (Fed. Cir. 2018) (citing In re Dixie Rests., 105 F.3d 1405, 1407, 41 USPQ2d 1531, 1533-34 (Fed. Cir. 1997)); TMEP §1207.01(b)(viii), (c)(ii).  Matter that is descriptive of or generic for a party’s goods and/or services is typically less significant or less dominant in relation to other wording in a mark.  See Anheuser-Busch, LLC v. Innvopak Sys. Pty Ltd., 115 USPQ2d 1816, 1824-25 (TTAB 2015) (citing In re Chatam Int’l Inc., 380 F.3d 1340, 1342-43, 71 USPQ2d 1944, 1946 (Fed. Cir. 2004)).

 

In the present case, the attached evidence shows that the wording FRESH in the applied-for mark is merely descriptive of or generic for applicant’s goods and services, as it includes various kinds of food and food-related services, such as “Vegetables” in Class 29, “Bread” in 30, “Beans, fresh” in Class 31, “Fruit juices” in Class 32, “or hard cider” in Class 33, “Retail store services featuring food, beverages, and groceries” in Class 35, and “Serving food and drink” in Class 43. See http://www.ahdictionary.com/word/search.html?q=fresh (defined as “Not preserved, as by canning, smoking, or freezing: fresh vegetables”). Thus, this wording is less significant in terms of affecting the mark’s commercial impression, and renders the wording AMAZON the more dominant element of the mark.

 

Further, adding a term to a registered mark generally does not obviate the similarity between the compared marks, as in the present case, nor does it overcome a likelihood of confusion under Section 2(d).  See Coca-Cola Bottling Co. v. Jos. E. Seagram & Sons, Inc., 526 F.2d 556, 557, 188 USPQ 105, 106 (C.C.P.A. 1975) (finding BENGAL and BENGAL LANCER and design confusingly similar); In re Toshiba Med. Sys. Corp., 91 USPQ2d 1266, 1269 (TTAB 2009) (finding TITAN and VANTAGE TITAN confusingly similar); In re El Torito Rests., Inc., 9 USPQ2d 2002, 2004 (TTAB 1988) (finding MACHO and MACHO COMBOS confusingly similar); TMEP §1207.01(b)(iii).  In the present case, the marks are identical in part.

 

As the dominant portion of the applied for mark, AMAZON, is identical to the entirety of the registered marks, the marks are substantially similar.

 

Relatedness of Goods

 

The goods and services are compared to determine whether they are similar, commercially related, or travel in the same trade channels.  See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi).

 

The applied-for mark is identified for, in relevant part, “Baking powder; Baking soda; Bread; Bread crumbs; Bread sticks; Breakfast cereals; Biscuits; Burgers contained in bread rolls; Cake mixes; Cookie mixes; Cakes; Cereal bars; Caramels; Cereal-based snack food; Chewing gum; Chips; Chocolate; Chocolate-based beverages; Chocolate mousses; Cinnamon; Cocoa-based condiments, ingredients, mixes, powders, and spreads; Coffee; Coffee-based beverages; Coffee beans; Coffee and tea pods; Condiments; Confectionery; Cookies; Crackers; Dipping sauce; Dough; Dressings for salad; Flavorings, other than essential oils; Frozen yogurt; Fruit jellies; Flour; Frozen, prepared, or packaged meals or entrees consisting primarily of pasta or rice; Frozen foods, namely, grain and bread based appetizers, hors d'oeuvres, and canapés; Food package combinations consisting primarily of bread, crackers and/or cookies; Frozen confections; Gravy; Grits; Honey; Ice cream; Ice cream cones; Iced tea; Ices; Ice; Icing; Jelly beans; Lozenges; Marinades; Mayonnaise; Mixes for making breading; Mustard; Natural sweeteners; Noodles; Noodles, sauce, and topping combined in unitary packages; Oat-based food; Packaged meal kits consisting primarily of pasta or rice; Pancakes; Pasta; Pasta salad; Pastries; Pastry mixes, cream, dough, and shells; Pepper; Pies; Pizzas; Popcorn; Puddings; Rice; Rice cakes; Rice-based snack food; Rice and seasoning mix combined in a unitary package; Salt; Sandwiches; Sauces; Seasonings; Spices; Stuffing mixes containing bread; Sugar; Sushi; Syrup for flavoring food or beverages; Tacos; Tea; Tea bags; Tea-based beverages; Tea-based snack foods; Tortillas; Vanilla; Vinegar; Waffles; Yeast” in Class 30, “Beer; Cocktails, non-alcoholic; Energy drinks; Flavored water; Fruit-based beverages; Fruit juices; Ginger ale; Isotonic beverages; Lemonades; Malt wort; Milk of almonds; Mineral and aerated waters; Non-alcoholic beverages; Non-alcoholic fruit extracts; Non-alcoholic cocktail mixes; Peanut milk; Preparations for making beverages; Seltzer water; Smoothies; Soft drinks; Sorbets; Vegetable juices; Water beverages; Whey beverages” in Class 32, and “Cafés; Cafeterias; Canteens; Catering services; Coffee bar services; Food and drink catering; Food preparation services; Juice bar services; Preparation of beverages; Providing information online in the fields of cooking, food preparation, wine, wine and food pairings, ingredients and recipes; Hotel, restaurant and bar services; Restaurants; Restaurant services; Self-service restaurant services; Snack-bars; Serving food and drink; Take-out restaurant services” in Class 43.

 

U.S. Registration No. 2056533

 

U.S. Registration No. 2056533 is identified for “Restaurant services”.

 

The applied-for mark is identified for, in relevant part, “Cafés; Cafeterias; Canteens; Catering services; Coffee bar services; Food and drink catering; Food preparation services; Juice bar services; Preparation of beverages; …Hotel, restaurant and bar services; Restaurants; Restaurant services; Self-service restaurant services; Snack-bars; Serving food and drink; Take-out restaurant services” in Class 43.

 

Determining likelihood of confusion is based on the description of the services stated in the application and registration at issue, not on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  

 

In this case, the registration uses broad wording to describe “Restaurant services”, which presumably encompasses all goods and/or services of the type described, including applicant’s more narrow “Cafés; Cafeterias; Canteens; Catering services; Coffee bar services; Food and drink catering; Food preparation services; Juice bar services; Preparation of beverages; …Hotel, restaurant and bar services; Restaurants; Restaurant services; Self-service restaurant services; Snack-bars; Serving food and drink; Take-out restaurant services”.  See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Thus, applicant’s and registrant’s services are legally identical.  See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).

 

Additionally, the goods and/or services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.”  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).  Thus, applicant’s and registrant’s services are related.

 

U.S. Registration No. 2541433

 

U.S. Registration No. 2541433 AMAZON is identified for “breakfast cereals”.

The applied-for mark is identified for, in relevant part, “Breakfast cereals; …Cereal bars; …Cereal-based snack food; …Oat-based food” in Class 30.

 

Determining likelihood of confusion is based on the description of the goods stated in the application and registration at issue, not on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  

 

In this case, the application uses broad wording to describe “Breakfast cereals; …Cereal bars; …Cereal-based snack food; …Oat-based food”, which presumably encompasses all goods and/or services of the type described, including registrant’s more narrow “breakfast cereals”.  See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Thus, applicant’s and registrant’s goods are legally identical.  See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).

 

Additionally, the goods of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.”  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).  Thus, applicant’s and registrant’s goods are related.

 

U.S. Registration No. 4159272

 

U.S. Registration No. 4159272 is identified for “non-alcoholic drinks, namely, fruit drinks, fruit juices, mineral and aerated waters, coconut water, fruit nectar and mixed drinks”.

 

The applied-for mark is in relevant part, “Fruit-based beverages; Fruit juices; …Mineral and aerated waters; Non-alcoholic beverages; …Seltzer water; … Water beverages” in Class 32.

 

Determining likelihood of confusion is based on the description of the goods stated in the application and registration at issue, not on extrinsic evidence of actual use.  See In re Detroit Athletic Co., 903 F.3d 1297, 1307, 128 USPQ2d 1047, 1052 (Fed. Cir. 2018) (citing In re i.am.symbolic, llc, 866 F.3d 1315, 1325, 123 USPQ2d 1744, 1749 (Fed. Cir. 2017)).  

 

In this case, the application uses broad wording to describe “Fruit-based beverages; Fruit juices; …Mineral and aerated waters; Non-alcoholic beverages; …Seltzer water; … Water beverages”, which presumably encompasses all goods of the type described, including registrant’s more narrow “non-alcoholic drinks, namely, fruit drinks, fruit juices, mineral and aerated waters, coconut water, fruit nectar and mixed drinks”.  See, e.g., In re Solid State Design Inc., 125 USPQ2d 1409, 1412-15 (TTAB 2018); Sw. Mgmt., Inc. v. Ocinomled, Ltd., 115 USPQ2d 1007, 1025 (TTAB 2015).  Thus, applicant’s and registrant’s goods are legally identical.  See, e.g., In re i.am.symbolic, llc, 127 USPQ2d 1627, 1629 (TTAB 2018) (citing Tuxedo Monopoly, Inc. v.Gen. Mills Fun Grp., Inc., 648 F.2d 1335, 1336, 209 USPQ 986, 988 (C.C.P.A. 1981); Inter IKEA Sys. B.V. v. Akea, LLC, 110 USPQ2d 1734, 1745 (TTAB 2014); Baseball Am. Inc. v. Powerplay Sports Ltd., 71 USPQ2d 1844, 1847 n.9 (TTAB 2004)).

 

Additionally, the goods of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.”  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)).  Thus, applicant’s and registrant’s goods are related.

 

Conclusion

 

For the above reasons, “Breakfast cereals; Cereal bars; Cereal-based snack food; Oat-based food” in Class 30, “Fruit-based beverages; Fruit juices; Mineral and aerated waters; Non-alcoholic beverages; Seltzer water; Water beverages” in Class 32, and “Cafés; Cafeterias; Canteens; Catering services; Coffee bar services; Food and drink catering; Food preparation services; Juice bar services; Preparation of beverages; Hotel, restaurant and bar services; Restaurants; Restaurant services; Self-service restaurant services; Snack-bars; Serving food and drink; Take-out restaurant services” in Class 43 are refused registration under Section 2(d) of the Trademark Act..

 

PRIOR-FILED APPLICATION ADVISORY

 

The filing date of pending U.S. Application Serial No. 87685664 precedes applicant’s filing date.  See attached referenced application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks.  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 application.

 

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 mark in the referenced application.  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 OF GOODS AND SERVICES MUST BE AMENDED

 

Applicant has included the term “and/or” or “or” in the identification of goods and/or services.  However, this term is generally not accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services; (2) the nature of the goods and services is unclear; or (3) classification cannot be determined from such wording.  See TMEP §1402.03(a).  In this case, it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services, the nature of the goods and services is unclear, and classification cannot be determined from such wording.

 

An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce.  See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language. 

 

Class 29

 

Applicant must clarify the wording “Frozen, prepared or packaged entrees, meals, appetizers, or side dishes consisting primarily of meat, seafood, poultry, vegetables, pasta, rice, bread, crackers, cookies, cheese, sauces, seasoning or beans” in the identification of goods in International Class 29 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not specify which kind of entrees, meals, or side dishes contain which kind of food.  Further, this wording could identify goods in more than one international class.  For example, “{Indicate whether frozen, prepared or packaged} meals consisting primarily of meat, fish, poultry or vegetables” are in International Class 29 and “{Indicate frozen, prepared or packaged} meals consisting primarily of pasta or rice” are in International Class 31. 

 

Applicant must clarify the wording “Milk-based products” in the identification of goods in International Class 29 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods and/or services in more than one international class.  For example, “Milk products excluding ice cream, ice milk and frozen yogurt” are in International Class 29 and “Milk-based products, namely, ice creams” are in International Class 30. 

 

The wording “Mixed nuts” in the identification of goods is indefinite and must be clarified because the purpose of the nuts is not clear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant must clarify the wording “Olive Oil” in the identification of goods in International Class 29 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “Cosmetic olive oil for the face and body” are in International Class 3 and “Olive oil for food” are in International Class 29. 

 

The goods “Sauce” are classified incorrectly in Class 29.  Applicant must amend the application to classify the goods in International Class 30.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).

 

The wording “Soy-based food beverage used as a milk substitute” in the identification of goods is indefinite and must be clarified because the nature of the goods is not clear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the goods.  See TMEP §1402.01.  If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses.  See id.

 

Class 30

 

Applicant must clarify the wording “Chips” in the identification of goods and/or services in International Class 30 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “Potato chips made from Russet potatoes” are in International Class 29 and “Corn-based chips” are in International Class 30. 

 

The wording “Condiments” in the identification of goods is indefinite and must be clarified because the type of condiment is not specified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

 

The wording “Confectionery” in the identification of goods is indefinite and must be clarified because the type of confectionary is not specified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant must clarify the wording “Flavorings, other than essential oils” in the identification of goods in International Class 30 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “Flavorings for beverages, other than essential oils” are in International Class 30 and “Flavorings, other than essential oils, for tobacco” are in International Class 34. 

 

The goods “Fruit jellies” are classified incorrectly in Class 30.  Applicant must amend the application to classify the goods in International Class 29.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).

 

Applicant must clarify the wording “Lozenges” in the identification of goods in International Class 30 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear whether or not the lozenge is medicated.  Further, this wording could identify goods in more than one international class.  For example, “Throat lozenges” are in International Class 5 and “Non-medicated lozenges” are in International Class 30. 

 

Applicant must clarify the wording “Oat-based food” in the identification of goods in International Class 30 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “Oat flakes” are in International Class 30 and “Fresh oats” are in International Class 31. 

 

Class 31

 

Applicant must clarify the wording “Oats” in the identification of goods in International Class 30 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “Oat flakes” are in International Class 30 and “Fresh oats” are in International Class 31. 

 

Applicant must clarify the wording “Grains” in the identification of goods and/or services in International Classes 31 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods and/or services in more than one international class.  For example, “Processed grains” are in International Class 30 and “Unprocessed grain” are in International Class 31. 

 

Applicant must clarify the wording “Malt” in the identification of goods and/or services in International Class 31 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “Malt for food purposes” are in International Class 30 and “Malt for brewing and distilling” are in International Class 32. 

 

Applicant must clarify the wording “Wheat” in the identification of goods and/or services in International Class 31 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods and/or services in more than one international class.  For example, “Processed wheat” are in International Class 30 and “Fresh wheat” are in International Class 31.

 

Class 32

 

The goods “Milk of almonds” are classified incorrectly in Class 32.  Applicant must amend the application to classify the goods in International Class 29.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).

 

The wording “Non-alcoholic beverages” in the identification of goods is indefinite and must be clarified because it does not specify the kind of non-alcoholic beverages.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

Applicant must clarify the wording “Non-alcoholic fruit extracts” in the identification of goods in International Class 32 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods in more than one international class.  For example, “Non-alcoholic fruit extracts for use as ingredients of nutritional supplements and vitamins” are in International Class 29 and “Non-alcoholic fruit extracts used in the preparation of beverages” are in International Class 32. 

 

The goods “Peanut milk” are classified incorrectly in Class 32.  Applicant must amend the application to classify the goods in International Class 29.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).

 

The wording “Preparations for making beverages” in the identification of goods is indefinite and must be clarified because it does not specify the kind of beverages the goods prepare.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

The goods “Peanut milk” are classified incorrectly in Class 32.  Applicant must amend the application to classify the goods in International Class 30.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b).

 

Class 32

 

Applicant must clarify the wording “Sweet or hard cider” in the identification of goods and/or services in International Class 33 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods and/or services in more than one international class.  For example, “Sweet cider” are in International Class 32 and “Hard cider” are in International Class 33.

 

Applicant included the word “TEQUILA” in its identification of goods.  However, this word is a registered mark that is not owned by applicant and must be deleted from the identification and replaced with the common commercial or generic name of these goods, such as “distilled blue agave liquor,” if not already included in the identification.  TMEP §1402.09; see 37 C.F.R. §2.32(a)(6).  See attached information about U.S. Registration No. 5225126. 

 

Proprietary wording, such as a registered term, should not be used in identifications, which should consist of generic everyday wording for the goods.  See TMEP §§1402.01, 1402.09.  A registered mark indicates origin in one particular party and so may not be used to identify goods that originate in a party other than that registrant.  TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958)). 

 

Applicant must clarify the wording “Distilled beverages or spirits” in the identification of goods in International Class 33 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are.  Further, this wording could identify goods and/or services in more than one international class.  For example, “Distilled drinking water” are in International Class 32 and “Distilled spirits” are in International Class 33. 

 

Class 35

 

The wording “; Management of a retail store or supermarket; Management of an online retail store or supermarket” in the identification of services is indefinite and must be clarified because the nature of the services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

The wording “Customer loyalty rewards program for shoppers” in the identification of services is indefinite and must be clarified because it does not specify the method or incentives of the program.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

Class 43

 

Applicant must clarify the wording “Canteens” and “Snack-bars” in the identification of goods and/or services in International Class 43 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear that it is referring to services or goods.  Further, this wording could identify goods in more than one international class.  For example, “Canteens” are in International Class 21 and “Canteen services” are in International Class 43, and “Nut-based snack bars” are in Class 29 while “Snack-bar services” are in Class 43.

 

Suggested Amendment

 

Class 3: Cosmetic olive oil for the face and body

 

Class 5: Throat lozenges

 

Class 21: Canteens

 

Class 29: Butter; Canned and bottled fruits and vegetables; Cheese; Chicken; Cooked fruits and vegetables; Cooking oil; Cream; Dips; Dried Fruits; Eggs; Frozen, prepared and packaged entrees, meals, appetizers, and side dishes consisting primarily of meat, seafood, poultry, vegetables, and cheese; Fruit-based snack food; Fruit and vegetable chips; Fruit and vegetable purees; Fruit spreads; Jellies, jams, compotes; Meat; Milk; Milk-based products, excluding ice cream, ice milk and frozen yogurt; Nut-based snack foods, namely, mixed nuts; Nut-based and dried fruit-based snack bars; Olive Oil for food; Peanut butter; Potato chips; Raisins; Salads except macaroni, rice and pasta salad; Seafood, not live; Snack mix consisting of dehydrated fruit and processed nuts; Soup; Soy-based food beverage used as a milk substitute, soy milk; Tomato paste; Trail mix consisting primarily of processed nuts and granola; Vegetables; Vegetable-based snack food; Whipped cream; Yogurt; Potato chips made from Russet potatoes; Fruit jellies; Milk of almonds; Non-alcoholic fruit extracts for use as ingredients of nutritional supplements and vitamins; Peanut milk; Nut-based snack bars

 

Class 30: Baking powder; Baking soda; Bread; Bread crumbs; Bread sticks; Breakfast cereals; Biscuits; Burgers contained in bread rolls; Cake mixes; Cookie mixes; Cakes; Cereal bars; Caramels; Cereal-based snack food; Chewing gum; Corn-based chips; Chocolate; Chocolate-based beverages; Chocolate mousses; Cinnamon; Cocoa-based condiments, ingredients, mixes, powders, and spreads; Coffee; Coffee-based beverages; Coffee beans; Coffee and tea pods; Chili oils being condiments; Confectionery made of sugar substitutes; Cookies; Crackers; Dipping sauce; Dough; Dressings for salad; Flavorings for beverages, other than essential oils; Frozen yogurt; Flour; Frozen, prepared, and packaged meals or entrees consisting primarily of pasta and rice; Frozen foods, namely, grain and bread based appetizers, hors d'oeuvres, and canapés; Food package combinations consisting primarily of bread, crackers and cookies; Frozen confections; Gravy; Grits; Honey; Ice cream; Ice cream cones; Iced tea; Ices; Ice; Icing; Jelly beans; Non-medicated lozenges; Marinades; Mayonnaise; Mixes for making breading; Mustard; Natural sweeteners; Noodles; Noodles, sauce, and topping combined in unitary packages; Oat-based food, namely, oat flakes; Packaged meal kits consisting primarily of pasta and rice; Pancakes; Pasta; Pasta salad; Pastries; Pastry mixes, cream, dough, and shells; Pepper; Pies; Pizzas; Popcorn; Puddings; Rice; Rice cakes; Rice-based snack food; Rice and seasoning mix combined in a unitary package; Salt; Sandwiches; Sauces; Seasonings; Spices; Stuffing mixes containing bread; Sugar; Sushi; Syrup for flavoring food and beverages; Tacos; Tea; Tea bags; Tea-based beverages; Tea-based snack foods; Tortillas; Vanilla; Vinegar; Waffles; Yeast; Frozen, prepared and packaged entrees, meals, appetizers, and side dishes consisting primarily of pasta, rice, bread, crackers, cookies, sauces, seasoning and beans; Milk-based products, namely, ice creams; Unprocessed grain; Malt for food purposes; Processed wheat; Sorbets

 

Class 31: Beans, fresh; Beans, unprocessed; Fresh coconuts; Fresh corn; Fresh fruits; Fresh vegetables; Fresh herbs; Processed grain; Lettuce, fresh; Lobsters, live; Malt for brewing and distilling; Oats, namely, fresh oats;; Rice, unprocessed; Sesame, edible; Shellfish, live; Unprocessed grain; Unprocessed nuts; Fresh wheat

 

Class 32: Beer; Cocktails, non-alcoholic; Energy drinks; Flavored water; Fruit-based beverages; Fruit juices; Ginger ale; Isotonic beverages; Lemonades; Malt wort; Mineral and aerated waters; Non-alcoholic beverages, namely, carbonated beverages; Non-alcoholic fruit extracts used in the preparation of beverages; Non-alcoholic cocktail mixes; Preparations for making beverages, namely, fruit drinks; Seltzer water; Smoothies; Soft drinks; Vegetable juices; Water beverages; Whey beverages; Distilled beverages, namely, distilled drinking water; Sweet cider

 

Class 33: Alcoholic beverages, except beer; Alcoholic cocktail mixes; Alcoholic essences; Alcoholic extracts; Brandy; Bourbon; Distilled spirits; Gin; Liqueurs; Pre-mixed alcoholic beverages, other than beer-based; Prepared alcoholic cocktail; Rum; Sake; Scotch; Spirits; Hard cider; Distilled blue agave liquor; Vodka; Whisky; Wine

 

Class 35: Advertising, marketing and promotion services; Customer loyalty rewards program for shoppers which provides prepaid stored value cards for the purpose of promoting and rewarding loyalty; Information, advisory and consultancy services relating to retail store services and online retail store services; Business management of a retail store and supermarket for others; Business management of an online retail store and supermarket for others; On-line retail store services featuring a wide variety of consumer goods; Online retail store services featuring food, beverages, and groceries; Retail store services featuring a wide variety of consumer goods; Retail store services featuring food, beverages, and groceries

 

Class 43: Cafés; Cafeterias; Canteen services; Catering services; Coffee bar services; Food and drink catering; Food preparation services; Juice bar services; Preparation of beverages; Providing information online in the fields of cooking, food preparation, wine, wine and food pairings, ingredients and recipes; Hotel, restaurant and bar services; Restaurants; Restaurant services; Self-service restaurant services; Snack-bar services; Serving food and drink; Take-out restaurant services

 

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).

 

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.

 

MULTICLASS ADVISORY

 

The application identifies goods and/or services 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(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in at least ten (10) classes; however, applicant submitted a fees sufficient for only seven (7) classes.  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.

 

INFORMATION ABOUT GOODS AND SERVICES REQUIRED

 

To permit proper examination of the application, applicant must submit additional information about the goods and services.  See 37 C.F.R. §2.61(b); TMEP §814. 

 

Applicant must respond to the following questions and/or requests for documentation to satisfy this request for information:

 

1)     What, if any, goods or services, or any ingredients or features thereof, emanate from or near the Amazon rainforest?

 

See 37 C.F.R. §2.61(b); TMEP §814.  

 

Failure to comply with a request for information is grounds for refusing registration.  In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.  Merely stating that information about the goods or services is available on applicant’s website is an insufficient response and will not make the relevant information of record.  See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).

 

INFORMATION REGARDING THIS APPLICATION

 

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 refusal(s) and/or requirement(s) 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.  

 

 

 

Michael Larkey

/Michael Larkey/

Trademark Examining Attorney

Law Office 116

(571) 270-5492

michael.larkey@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 12/13/2018 FOR U.S. APPLICATION SERIAL NO. 88094775

 

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 12/13/2018 (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.