United States Patent and Trademark Office (USPTO)

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

 

 

 

FINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.  Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA).  A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action. 

 

 

Issue date:  September 03, 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 Office action is in response to applicant’s communication filed on July 31, 2019.  The examining attorney has carefully considered applicant’s arguments and/or amendments in favor of registration.  The foreign registration is acceptable and has been entered into the application record.  As to the remaining issues, the examining attorney has determined the following.

 

Identification and Classification of Goods and Services

 

The identification of goods and services remains indefinite and must be clarified because the exact nature of the goods and/services remains unclear, the proposed identification includes goods and/or services which may be classified in more than one class, the proposed identification includes wording that exceeds the scope of the original identification, and the proposed identification includes parentheses.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may adopt the following identification, if accurate (suggested amendments shown in bold type):

 

Materials for artists, namely, paints, in INT. CLASS 2;

 

Cinematographic apparatus and instruments, namely, display [specify devices by their common commercial name], television receivers and film and video [specify devices by their common commercial name] devices; optical apparatus and instruments, namely, glasses, spotting scope, magnifying [specify, e.g., lenses, glasses], microscopes, night vision goggles; signaling apparatus and instruments, namely, rotating lights, flares in the nature of [clarify, e.g., emergency LED signally flares], whistles, bells, sirens; life-saving apparatus and instruments, namely, life jackets; teaching apparatus and instruments, namely, calculators; apparatus for recording, transmission or reproduction of sound or images; chargers, namely, battery chargers, wireless chargers, battery chargers for cameras, electric charging cables, adapter plugs; batteries; magnetic data carriers and recording discs, pre-recorded, featuring media files, namely, audio video and images files featuring parades, stage shows, theme park attractions, musical entertainment, safari park, historical buildings and gardens and pyrotechnic shows thereon; magnetic data carriers and recording discs, pre-recorded, featuring media files, namely, audio video and images files in the field of animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care, English history and culture; data storage devices, namely, USB drives, memory cards, all being blank; compact discs, DVDs and USB drives all featuring parades, stage shows, theme park attractions, musical entertainment, safari park, historical buildings and gardens and pyrotechnic shows thereon; computers; computer software for education purposes for [indicate specific function or purpose of software (i.e., what does it do?)]; computer software for navigating amusement parks; alarms and warning equipment, namely, alarm sensors, access control and monitoring system comprised of [specify primary components of system by common commercial name]; protective and safety personal equipment and clothing, namely, eyewear, footwear, and clothing for protection against accidents of injury from animals; power banks, namely, solar-powered battery chargers, lithium battery chargers; audio and radio receivers namely, walkie talkies, antennas; audio/visual and photographic devices, namely, [specify items by common commercial name]; communication equipment, namely, wireless communication devices for voice, data or image transmission, near field communication (NFC) technology-enabled readers, telecommunications and data networking hardware, namely, devices for transporting and aggregating voice, data, and video communications across multiple network infrastructures and communications protocols, near field communication (NFC) tags for monitoring the detail of animals, GPS tracking devices in the nature of location tags for animals; binoculars; compasses, namely, directional compasses; cases for binoculars; calculators; cameras; camera accessories, namely, memory cards, batteries, straps, lens caps, battery chargers, filters, mounts, supports; cases for cameras; cases for audio, visual and photographic devices, namely, digital audio and video recorders and players; cases for telecommunications devices, namely, walkie talkies, wireless communication devices for voice, data or image transmission, near field communication (NFC) technology-enabled readers, telecommunications and data networking hardware, namely, devices for transporting and aggregating voice, data, and video communications across multiple network infrastructures and communications protocols, near field communication (NFC) tags for monitoring the detail of animals, GPS tracking devices in the nature of location tags for animals, automated self-contained electronic surveillance devices that can be deployed to gather evidence or intelligence in remote locations; cases for computers and tablet computers; cases for mobile phones; decorative magnets; eyewear accessories for eyewear, namely, straps, neck cords and head straps which restrain eyewear from movement on wearer, cases, cleaning cloths and kits comprised of [specify primary components of kits]; computer games software; computer peripherals; computer software for mobile phones and tablet computers for [indicate specific function or purpose of software (i.e., what does it do?)]; computer software for entertainment for [indicate specific function or purpose of software (i.e., what does it do?)]; downloadable electronic publications, namely, [indicate specific type of publication, e.g., magazines] featuring parades, stage shows, theme park attractions, musical entertainment, safari park, historical building and garden and pyrotechnic show, animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care, English history and culture; Digital media, namely, pre-recorded video cassettes, digital video discs, digital versatile discs, downloadable audio and video recordings, DVDs, and high definition digital discs featuring parades, stage shows, theme park attractions, musical entertainment, safari parks, historical buildings and gardens, and pyrotechnic show, animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care, English history and culture; downloadable smart phone application software for purchasing tickets for theme park attractions, musical entertainment, historical buildings and safari parks; headphones; electronic ticket dispensers for dispensing tickets for theme park attractions, musical entertainment, historical buildings and safari parks; time measuring instruments, namely, stop watches, timers; virtual reality game software; virtual reality training simulation software in the field of animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care; virtual reality software for [indicate specific function or purpose of software (i.e., what does it do?)] for use at parades, stage shows, theme park attractions, musical entertainment, safari parks, historical buildings and gardens, and pyrotechnic shows; all parts and fittings of all the aforesaid goods, in INT. CLASS 9;

 

Paper and cardboard; printed matter, namely, newspapers, photographs, magazines, books, printed periodicals, newsletters, and brochures all in the field of animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care, English history and culture; photographs; office requisites, except furniture, namely, staplers, paper hole punches, staple removers, correcting tapes, rubber-bands, adhesive tape dispensers, paper trimmers, paperweights; adhesives for stationery or household purposes; drawing materials and materials for artists, namely, canvases, pencils, pastels, paints, chalk, crayons, modeling clay, etching kits for children comprised of [specify primary components of kits by common commercial name], paper mâché, stencils; paintbrushes; printed instructional and teaching materials in the field of animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care; plastic sheets, films and bags for wrapping and packaging; printers' type, printing blocks; disposable paper products, namely, napkins, flags, hats, drinking straws, [INCORRECTLY CLASSIFIED] bunting, table linen, party decorations, tissue paper, coasters; stationery; educational supplies, namely, children's interactive educational books, three dimensional models for educational purposes; replications of human and animal skeletons, or parts of skeletons, and fossils for educational purposes; Educational kits sold as a unit in the field of science, ecology, wildlife conservation, rescue and rehabilitation, and animal care consisting primarily of printed instructional materials and also including audio CDs and DVDs; educational publications, namely, books, hand-outs, workbooks, journals, playbooks, worksheets and cards in the field of  [indicate subject matter]; Educational kits sold as a unit in the field of science, ecology, wildlife conservation, rescue and rehabilitation, and animal care comprised of [indicate primary components by common commercial name]; bags and boxes for packaging, wrapping and storage of paper cardboard or plastic; works of art and figurines of paper and cardboard; arts, crafts and modelling equipment, namely, arts and craft paint kits, modelling clay, paint brushes; writing implements and stamp pads and ink stamps; correcting and erasing implements, namely, erasers, correcting fluid, correction tape; books in the field of animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care, English history and culture; adhesive stickers and transfers; almanacs; atlases; brochures in the field of parades, stage shows, theme park attractions, musical entertainment, safari parks, historical buildings and gardens, and pyrotechnic shows, animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care, English history and culture; calendars; art prints on canvas; magazines in the field of parades, stage shows, theme park attractions, musical entertainment, safari parks, historical buildings and gardens, and pyrotechnic shows, animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care, English history and culture; maps; manuals in the field of animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care; paper party decorations; gift wrap of paper, gift wrap of plastic, gift wrap being metallic; greetings cards; postcards; all parts and fittings of all the aforesaid goods, in INT. CLASS 16;

 

Articles for animals, namely, animal carriers, in INT. CLASS 18;

 

Combs; brushes, except paintbrushes, namely, brushes for grooming animals, hair, nail and tooth brushes; articles for cleaning purposes, namely, buckets, brushes, cloths, soap dispensers, dusters, gloves, mop; beverage glassware; ornaments and figurines of glass, porcelain and earthenware; tableware, namely, bowls, plates and dishes; cookware, namely, pots and pans; bakeware; dishware; beverageware; vases; drinking vessels; barware, namely, non-electric portable coolers for household purposes, decanters, beverage stirrers, drinking straws, bottle openers, shakers in the nature of [clarify, e.g., cocktail shakers, shaker bottles sold empty]; coin banks; articles for animals, namely, animal litter boxes, cages; carriers; [INCORRECTLY CLASSIFIED] gardening articles, namely, gloves, plant pots, flower vases, seed trays, window boxes; biodegradable tableware, namely, bowls, plates, dishes; bottles, sold empty; candle holders not of precious metal; containers for household or kitchen use; food preparation implements, namely, servingware for serving food and drinks; heat-insulating containers for foods and beverages for household use; lunch boxes; trays for domestics purposes; indoor aquaria and insect vivaria; coasters, not of paper or textile; devices for pest and vermin control, namely, ultrasonic pest repellers; pet feeding and drinking bowls; metal baskets for household use; rubbish bins; towel holders, namely, countertop holders for paper towels, towel rings, towel bars; all parts and fittings of the aforesaid goods, in INT. CLASS 21;

 

Footwear; headwear; babies' clothing, namely, cloth bibs, one-piece suits, rompers; belts; beanies; caps being headwear; coats; fleeces, namely, fleece tops, pullovers; gloves; shorts; hats; hooded sweatshirts; jackets; jumpers; knitwear, namely, sweaters, cardigans; loungewear; neckwear; outerclothing, namely, gloves; rain wear; sleepwear; socks; scarves; shirts; shoes; sweatshirts; swimwear; t-shirts; tops; sneakers; trousers; uniforms; vest tops; rain boots; wind resistant jackets; boots; all parts and fittings of the aforesaid goods, in INT. CLASS 25;

 

Games, toys and playthings and novelties, namely, arcade games, baby multiple activity toys, balls for games; action figures; toy air pistols; amusement park rides; animal replicas as playthings; apparatus for electronic games, namely, gloves for specially adapted for use with an external display screen or monitor; articles of clothing for toys; bags specially adapted for sports equipment; balloons; balls for games; bats for games; beanbags in the form of playthings; board games; bouncing toys, namely, trampolines; boomerangs; bubble making wand and solution sets; toy building blocks; camouflage screens; caps for toy pistols; card games; children's multiple activity toy; children's playthings, namely, action figures; Christmas stockings; Christmas crackers; cloth toys in the nature of dolls and animals; costumes being children's playthings for dress up play; conjuring apparatus, namely, magic tricks; confetti; cuddly toys in the nature of plush toys; decorations and ornaments for Christmas trees, not confectionary or Christmas tree lights; Children's educational toys for developing fine motor, oral language, numbers, counting, colors and alphabet skills; Educational toys for teaching math principles to children, namely, manipulative blocks for displaying patterns and groupings; electronic games, namely, electronic games for teaching children; fishing equipment, namely, lines, tackle, poles, weights, lures, hooks, rods, reels, tackle bags; golf practice apparatus, namely, bags, putters, gloves, tees, ball, gloves, [DUPLICATE] accessory pouches; hunting equipment, namely, lures, decoys, blinds, blinds, hunting camouflage used as hunting blinds; infant toys; inflatable toys; jigsaw puzzles; juggling equipment; kits of parts for making toy models; toy masks; marbles for games; mah-jong games; mechanical games, namely, mechanical games for teaching children, namely, [indicate common commercial name of games]; Action target games; model toys, namely, vehicles, dinosaurs, animals; musical toys; nets for sporting purposes; novelties in the form of bugs in boxes; novelty noisemaker toys for parties; paper party favors; pet toys; playthings, namely, billiard table, ball and cues sold as a kit, construction toys, crib mobiles and crib toys; dice, darts, dolls, juggling equipment, kaleidoscopes, kites, yo-yos; protective padding for sports, namely, skateboarding; pull toys; puppets; quiz games, namely, card games, board games; puzzles; radio-controlled toys namely, cars, airplanes, boats, monsters, dinosaurs, animals; rackets for tennis, badminton, squash; ride-on toys; snow globes; smart toys, namely, smart plush toys and smart electronic toy vehicles; stuffed toys; swimming equipment, namely, bodyboards, floats, kickboards, flippers, fins; toy cameras; toys, namely, electronic novelty toys, namely, toys that electronically record, play back, and distort or manipulate voices and sounds; amusement apparatus adapted for use with an external display screen or monitor; water pistols; water toys; wind-up toys; all parts and fittings for the aforesaid goods, in INT. CLASS 28;

 

Meats; meat substitutes; fish, seafood and molluscs, not live; dairy products and dairy substitutes, namely, soya milk, oat milk, nut milk, coconut milk, soya cheese; coconut based cheese replacement, soya cream, soya yoghurt, oat cream, oat yoghurt, nut cream, nut yoghurt, coconut cream, coconut yoghurt; bird eggs and egg product; edible oils and fats; processed fruits, dried edible fungi and processed vegetables including processed nuts and pulses; soups and stocks, meat extracts; milk-based beverages, namely, milk-based beverages with high milk content, soya milk based beverages, oat milk based beverages, nut milk based beverages, coconut milk based beverage; cheese; jellies, jams, compotes, fruit and vegetable spreads; potato-based snack foods; nut based snack foods; fruit based snack foods; fruit- and nut-based snack bars; delicatessen products, namely, sliced meat, sliced cheese, [indicate type, e.g., processed, preserved] olives; cooked meals consisting principally of meat or meat substitutes or seafood or poultry or game or dairy products or vegetables; prepared meals consisting primarily of meat or meat substitutes or seafood or poultry or game or dairy products or vegetables; ready-to-cook packaged meals consisting wholly or substantially wholly of meat or meat substitutes or seafood or poultry or game or dairy products or vegetables, in INT. CLASS 29;

 

Bakery goods; biscuits; bread; breakfast cereals, porridge and grits; cakes; cereal bars and cereal based energy bars; cereals, namely, processed cereals, ready-to-eat cereals; chocolate; coffee, tea, cocoa and artificial coffee; confectionery, namely, chocolate, candy, frozen confectionary; condiments, namely, ketchup, mustard, mayonnaise, fruit and vegetable chutneys; dried and fresh pastas, noodles and flour-based dumplings; food flavorings being non-essential oils and seasonings; flour; ice, ice creams, frozen yogurts and sorbets; pastries, cakes, tarts and biscuits cookies; processed grains; baking preparations in the nature of raising agents being food leavening agents and yeasts; salts; seasonings; sandwiches; sauces; pies; hamburger sandwiches; pizza; quiche; crackers; pastry; pasties; puddings; desserts, namely, baked puddings sold frozen; snack foods consisting principally of pasta; snack foods consisting principally of rice; snack foods consisting principally of confectionery, namely, chocolate, sugar candy; snack foods consisting principally of grain; snack foods consisting principally of bread; snack products made of cereals; sugar; sugars, natural sweeteners; sweet coatings and fillings, namely, confectioner's coatings in the nature of edible shellac coatings for foods, sugar glaze, chocolate fillings, fruit jelly candy fillings; bee products in the nature of honey; sweets in the nature of candy, candy bars and chewing gum; syrups, namely, topping syrups, pancake syrups, chocolate syrups; treacles; yeast and food leavening agents; cooked meals consisting principally of rice or pasta or noodles or potatoes; prepared meals consisting primarily of rice or pasta or noodles or potatoes; ready-to-cook packaged meals consisting wholly or substantially wholly of rice or pasta or noodles or potatoes, in INT. CLASS 30;

 

Beers; brewery products, namely, ales and porter, lager; mineral and aerated waters; non-alcoholic beverages, namely, carbonated non-alcoholic drinks, cordials, juices, water, cordial [DUPICATE]; fruit flavoured carbonated beverages; juices, namely, fruit juice, vegetable juice; fruit beverages; nut and soy-based beverages not being milk substitutes; smoothies; sports drinks; syrups and other preparations for making beverages, in INT. CLASS 32;

 

Advertising, marketing and promotional services; administrative data processing; business analysis, research and information services; collection and systematization of business data in computer databases; special event marketing; providing incentive award programs for customers through the issuance and processing of loyalty coupons for frequent use of participating businesses; product demonstrations; Franchising, namely, consultation and assistance in business management, organization and promotion; services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises; retail store services featuring printed matter, books, alcoholic beverages, horticultural products, food preparation implements, foodstuffs for human consumption, non-alcoholic drinks, beer, alcoholic beverages, fragrance preparations, audio-visual equipment, delicatessen products, flowers fruit, sporting goods, clothing, furniture, jewellery, wearable computers, beauty implements for animals, games, toys, playthings, hygienic implements for animals, computer hardware, computer software, bicycle accessories, pet products, fashion accessories, domestic electronic equipment, kitchen appliances, clothing accessories, car accessories, navigation devices, hand-operated tools, cutlery, furnishings, sporting articles, works of art, wall coverings, floor coverings, festive decorations, veterinary articles, freezing equipment, refrigeration equipment, heating equipment, equational supplies, musical instruments, bags, luggage, umbrellas, stationery supplies, disposable paper products, bedding for animals, fodder for animals, lighting, time instruments, fabrics, headgear, footwear, stationery, clothing for animals, walking sticks, whips, harness and saddlery, collars, leashes, tents, household linen, rugs, mats, raw and unprocessed agricultural, aquacultural, horticultural and forestry products, raw and unprocessed grains and seeds, fresh fruits and vegetables, foodstuffs and beverages for animals, Scientific apparatus and instruments, photographic apparatus and instruments, cinematographic apparatus and instruments, optical apparatus and instruments, weighing, measuring apparatus and instruments, signalling apparatus and instruments, life-saving apparatus and instruments, teaching apparatus and instruments, apparatus for recording, transmission or reproduction of sound or images, chargers, computer software, instructional and teaching materials, stationery, educational supplies, crafts and modelling equipment, writing and stamping implements, correcting and erasing implements, combs and sponges, brushes, except paintbrushes, articles for cleaning purposes, glassware, porcelain and earthenware, statutes, figurines, plaques and works of art, made of materials such as porcelain, terracotta, fibreglass or glass, tableware, cookware, bakeware, dishware, beverageware, bottles, sold empty, containers for household or kitchen use, in INT. CLASS 35;

 

Organizing community sporting and cultural activities; providing aquarium facilities to the public; safari parks, namely, arranging and conducting guided safari expeditions for recreational purposes; providing recreational facilities; wildlife centre services, for recreational purposes; zoos; zoological garden services; amusement and theme park services; animal exhibitions; live animal shows; animal training; conducting guided safari, historical and cultural stately home tours for educational and entertainment purposes; conducting of live entertainment events featuring music, theater, comedy; fun park services, namely, [clarify exact nature of services, e.g., amusement park services, bicycle parks, trampoline parks]; leisure park services, namely, [clarify exact nature of services, e.g., recreational park services]; live entertainment production services, namely, [clarify, e.g., live theater production, live musical performances]; party planning; audio, video and multimedia production, and photography; digital video, audio and multimedia entertainment publishing services; electronic publication of texts and printed matter, of others, other than publicity texts, on the internet; education, namely, [clarify exact nature of services, e.g., classes, workshops, seminars] in the field of animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care, English history and culture; vocational training in the field of veterinary science; arranging and conducting of workshops, seminars, colloquial and lecturers in the field of animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care, English history and culture; education and instruction services, namely, [clarify exact nature of services, e.g., classes, workshops, seminars] in the field of animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care, English history and culture; education in the nature of courses, seminars and training relating to nature conservation and the environment; educational services, namely, courses and seminars relating to zoology; organization of animal exhibitions for cultural or educational purposes; publication of educational materials of others; organization of conferences, exhibitions and competitions in the field of animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care, English history and culture; fireworks displays; magic shows; casinos; cinema theaters; museum services; planetarium services; golf facilities; providing information, advice and consultancy in connection with all the aforesaid services, in INT. CLASS 41;

 

Science and technology services, namely, wetland habitat development and preservation services, namely, monitoring, testing and analyzing ecological success in the field of environmentally sensitive habitat conservation and preservation of native plants and wildlife, research in the field of environmental protection; product research and development; scientific research; agricultural research; bacteriological research; biochemical research; biological research; scientific feasibility studies; pharmacological research services; laboratory testing, namely, genetic testing of animals for research purposes; laboratory research in the field of genetics, bacteriology, biochemical, biological sciences; scientific laboratory services; pharmacology research; scientific research in the field of genetics zoological, bacteriology, biochemical, biological sciences; clinical research in the field of zoological and veterinary science; environmental services, namely, technical consultation in the field of environmental science, engineering services and design for others in the field of environmental engineering; hydrological research; software development, programming and implementation; computer services, namely, electronically tracking and monitoring computer chips worn by animals using computer technology; computer software development; computer software maintenance; information technology (IT) services, namely, Installation, maintenance and repair of computer software, design and development of computer game software and virtual reality software, developing and hosting a server on a global computer network for the purpose of facilitating e-commerce via such a server; providing on-line non-downloadable computer software for education purposes for [indicate specific function or purpose of software (i.e., what does it do?)]; providing on-line non-downloadable computer software for navigating amusement parks; providing on-line non-downloadable computer software for dispensing ticket tickets for theme park attractions, musical entertainment, historical buildings and safari parks; virtual reality training simulation software in the field of animals, zoo keeping, science, ecology, wildlife conservation, rescue and rehabilitation, and animal care; providing on-line non-downloadable virtual reality software for parades, stage shows, theme park attractions, musical entertainment, safari parks, historical buildings and gardens, and pyrotechnic shows for [indicate specific function or purpose]; quality control services for others; creation and maintenance of web sites; design services for others in the field of new products, theme park attraction design services; providing information, advice and consultancy in connection with all the aforesaid services, in INT. CLASS 42;

 

Boarding for animals; bar services; banqueting services, namely, providing banquet facilities for special occasions; cafés; catering; catering services; children's creches; coffee shops; cocktail lounges; provision of facilities for meetings, conferences, seminars and exhibitions; food and drink catering; rental of large tents for events; provision of food and drink; rental of furniture, tables, chairs, tableware, silverware, dishes, and table accessories, linens and table settings for special events; restaurant services; carry-out restaurant services; providing temporary accommodation at hotels, guesthouses, self-catering vacation rentals; resort hotels; providing temporary accommodation for tourists at hotels, guesthouses, self-catering vacation rentals; providing information, advice and consultancy in connection with all the aforesaid services, in INT. CLASS 43;

 

Agricultural advice and information; aquaculture, namely, care and maintenance of aquarium fish; horticulture services; forestry services, namely, tree planting and maintenance including tree surgery removal and tree care services; animal healthcare services; veterinary services; animal grooming services in the nature of animal clipping; genetic testing of animals for diagnostic or treatment purposes; animal artificial insemination services; animal hospitals; animal feedings, namely, the feeding of wild animals; physical rehabilitation of animals; animal breeding; sterilizing in the nature of castration of animals; animal surgery, namely, veterinary emergency, trauma, dentistry; x-ray examination services for medical purposes of animals; veterinary surgical services; animal husbandry; aquaculture services, namely, the cultivation and breeding of plants or animals in a water environment; beekeeping services; tree planting; gardening; landscape gardening and design; agricultural and aquaculture services relating to environmental conservation, namely, plant breeding; nuisance wildlife control services, namely, reintroduction and conservation of wildlife, wildlife casualty handling services, and wildlife inventory services for horticultural purposes; human hygiene and beauty care; spa services, namely, health spa services for health and wellness of the body and spirit, health spa services, namely, cosmetic body care services; providing information, advice and consultancy in connection with all the aforesaid services, in INT. CLASS 44.

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  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.

 

If applicant adds any additional international class(es) to the application, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 44:

 

(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 15 classes; however, applicant submitted a fee(s) sufficient for only 13 class(es).  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 44 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.

 

The requirement for clarification of the identification and classification of goods and services is maintained and made FINAL.

 

Telephone or E-mail Response Suggested

 

If applicant does NOT intend to add any additional international classes to the application, 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.

 

How to respond.  Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)

 

 

 

 

 

/Alicia Collins Edwards/

Trademark Examining Attorney

United States Patent and Trademark Office

Law Office 115

571-272-9147

alicia.edwards@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.