Offc Action Outgoing

MEADOWLAND PROFESSIONAL

Upfield Europe B.V.

U.S. TRADEMARK APPLICATION NO. 88202745 - MEADOWLAND PROFESSIONAL - 70698.6

To: Upfield Europe B.V. (ipdocketing@haynesboone.com)
Subject: U.S. TRADEMARK APPLICATION NO. 88202745 - MEADOWLAND PROFESSIONAL - 70698.6
Sent: 3/14/2019 8:18:27 AM
Sent As: ECOM108@USPTO.GOV
Attachments: Attachment - 1
Attachment - 2
Attachment - 3
Attachment - 4

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

U.S. APPLICATION SERIAL NO.  88202745

 

MARK: MEADOWLAND PROFESSIONAL

 

 

        

*88202745*

CORRESPONDENT ADDRESS:

       DAVID A. BELL

       HAYNES AND BOONE, LLP

       2323 VICTORY AVENUE, SUITE 700

       DALLAS, TX 75219

       

 

CLICK HERE TO RESPOND TO THIS LETTER:

http://www.gov.uspto.report/trademarks/teas/response_forms.jsp

 

VIEW YOUR APPLICATION FILE

 

APPLICANT: Upfield Europe B.V.

 

 

 

CORRESPONDENT’S REFERENCE/DOCKET NO:  

       70698.6

CORRESPONDENT E-MAIL ADDRESS: 

       ipdocketing@haynesboone.com

 

 

 

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: 3/14/2019

 

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

 

SEARCH RESULTS

 

The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).

 

IDENTIFICATION AND CLASSIFICATION OF GOODS AND SERVICES

 

Identification of Goods and Services

 

International Class 29

 

The identification of goods is indefinite and must be clarified for the following reasons.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01:

 

-        Milk and milk productsàapplicant must specify the particular milk products, or state that they exclude ice cream, ice milk and frozen yogurt to be in Class 29

-        Dairy productsàapplicant must specify the particular dairy products in Class 29, e.g., “dairy-based beverages”

-        dairy spreadsàapplicant must specify the particular dairy spreads in Class 29, e.g., “low fat dairy spreads”

-        cocoa butteràapplicant must clarify that this is “for food” to be in Class 29

-        cream alternatives and substitutesàapplicant must specify the particular items in Class 29, e.g., “artificial cream” and “sour cream substitutes”

-        non-dairy milk and creamàapplicant must specify the particular items in Class 29, e.g., “milk substitutes” and “non-dairy creamer”

-        nut oilsàapplicant must clarify that this is “for food” to be in Class 29

-        seed oils for foodàapplicant must specify the type of “seed oil”

-        flavoured oilsàapplicant must specify the type of oils, e.g., “flavored olive oil for food”

-        spiced oilsàapplicant must specify the type of oils, e.g., “spiced olive oil for food”

-        butter oilàapplicant must clarify that this is “for food” to be in Class 29

-        hardened oilsàapplicant must specify the type of oils, e.g., “Hardened oils being hydrogenated oils for food”

-        fruit snacksàapplicant must more clearly specify the type of “fruit snacks,” e.g., “candied fruit snacks”

-        drinks made from dairy productsàapplicant must more clearly specify the type of drinks, e.g., “dairy-based beverages”

-        dairy whiteners for beveragesàapplicant must more clearly specify the goods, e.g., “coffee whiteners consisting principally of dairy products”

-        dairy puddings and dessertsà“dairy puddings” belong in Class 30 and the applicant must more clearly state the type of “desserts”

-        yoghurt dessertàapplicant must specify the type of “dessert”

-        preparations for making yoghurtàapplicant must specify the particular preparations in Class 29, e.g., “milk”

-        milk productsàapplicant must specify the particular “milk products” in Class 29

-        milk beverages and drinks; milk based beverages and drinks; flavoured milk beverages and drinksàapplicant must specify that these “consist principally of milk” to be in Class 29

-        milk based snacksàapplicant must specify the particular snacks in Class 29

-        artificial milk based dessertsàapplicant must specify the type of “desserts”

-        snack foods based on legumesàspecify type of “legumes,” e.g., “mung beans, red beans” etc.

-        protein-based snacksàapplicant must specify the particular snacks in Class 29 and their content, as “protein-based” is too broad

 

International Class 30

 

The identification of goods is indefinite and must be clarified for the following reasons.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01:

 

-        Bread, pastries and confectioneryàapplicant must specify the type of confectionery in Class 30, e.g., “confectionery made of sugar”

-        Condimentsàapplicant must specify the type of condiments in Class 30, e.g., “ketchup”

-        salad creamàapplicant must clarify these goods, e.g., “salad dressings containing cream”

-        sweet spreadsàapplicant must specify the particular type of spreads in Class 30, e.g., “chocolate-based spreads”

-        flavourings and essences for foodàapplicant must specify that the “flavourings” are not essential oils to be in Class 30, the “essences” belong in Class 3

-        vegetables pastesàthese goods belong in Class 29

-        dairy chocolateàthese goods are indefinite; “milk chocolate” would be acceptable in Class 30

-        dairy confectioneryàapplicant must specify particular “confectionery” in Class 30

-        chocolate beverages containing milkàapplicant must specify that these are “chocolate based beverages” to be in Class 30

-        bases for making milk shakesàthese goods belong in Class 29

 

International Class 35

 

The identification of services is indefinite and must be clarified for the following reasons.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01:

 

-        Advertising; Business management; Business administration;

-        Office functionsàapplicant must clarify the services by stating “providing office functions”

-        Organisation of exhibitions and trade fairs for business and promotional purposes; Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes;

-        Administration of sales and promotional incentive schemes; Organization, operation and supervision of sales and promotional incentive schemesàapplicant must clarify these services, e.g., “Arranging and conducting incentive reward programs to promote the sale of {indicate goods or services that are the subject matter of the reward program}”

-        Distribution of promotional matteràapplicant must clarify the services, e.g., “promoting the goods and services of others by distributing advertising materials through a variety of methods

-        wholesale and retail services in relation to dietary and nutritional supplements, mineral dietary and nutritional supplements, nutritional supplement meal replacement bars for boosting energy, powdered nutritional supplement drink mix, dietary food supplements, dietary supplement drinks, non-dairy milk for pharmaceutical purposes, all the aforesaid goods for humans, enabling consumers to conveniently view and purchase those goodsàapplicant must clarify these services, e.g., “wholesale and retail store services”

-        wholesale and retail services in relation to protein supplements, protein dietary supplements, protein powder dietary supplements, soy protein dietary supplements, milk sugar, powdered milk for babies, powdered milk for infants, milk ferments for pharmaceutical purposes, almond milk for pharmaceutical purposes, malted milk beverages for medical purposes, all the aforesaid goods for humans, enabling consumers to conveniently view and purchase those goodsàapplicant must clarify these services, e.g., “wholesale and retail store services”

-        wholesale and retail services in relation to dairy products, dairy spreads, dairy-based spreads, low fat dairy spreads, butter, butter preparations, butter substitutes, concentrated butter, blended butter, savoury butters, seed butters, butter made from nuts, cocoa butter, powdered nut butters, margarine, margarine substitutes, edible fat-based spreads for bread, cream, sour cream, cream powder, artificial cream (dairy product substitutes), enabling consumers to conveniently view and purchase those goodsàapplicant must clarify these services, e.g., “wholesale and retail store services”

-        wholesale and retail services in relation to cream alternatives and substitutes, non-dairy milk and cream, edible oils and fats, cooking oils, nut oils, vegetable oils for food, coconut oil and fat for food, animal oils for food, edible oils derived from fish, soya bean oil for food, seed oils for food, flavoured oils, olive oils, spiced oils, butter oil, blended oils for food, hydrogenated oils for food, enabling consumers to conveniently view and purchase those goodsàapplicant must clarify these services, e.g., “wholesale and retail store services”

-        wholesale and retail services in relation to hardened oils, clarified butter, butter for use in cooking, ghee, dips, dairy-based dips, meat substitutes, preserved, frozen, dried and cooked fruits and vegetables, vegetable and plant-based meat substitutes, vegetable spreads, vegetable-based spreads, vegetable-based snack foods, enabling consumers to conveniently view and purchase those goodsàapplicant must clarify these services, e.g., “wholesale and retail store services”

-        wholesale and retail services in relation to cheese spreads, cheese-based snack foods, nut paste spreads, nut-based spreads, spreads consisting mainly of fruits, fruit-based snack food, fruit snacks, dairybased beverages, drinks made from dairy products, protein milk, dairy-based dips, cream, being dairy products, non- dairy creamer, dairy whiteners for beverages, milk powder for nutritional purposes, enabling consumers to conveniently view and purchase those goodsàapplicant must clarify these services, e.g., “wholesale and retail store services”

-        wholesale and retail services in relation to dairy-based whipped topping, dairy puddings and desserts, yoghurt, yoghurts, yoghurt beverages and drinks, yoghurt- based beverages and drinks, drinking yoghurt, yoghurt dessert, soya yoghurt, flavoured yoghurt, custard-style yoghurts, low fat yoghurt, preparations for making yoghurt, yoghurt made with goats milk, milk products, butter milk, butter cream, enabling consumers to conveniently view and purchase those goodsàapplicant must clarify these services, e.g., “wholesale and retail store services”

-        wholesale and retail services in relation to milk, milkshakes, sour milk, milk curds, flavoured milks, milk solids, dried milk, milk powder, soya milk, milk beverages and drinks, milk based beverages and drinks, flavoured milk beverages and drinks, milk beverages, milk predominating, rice milk, sheep milk, goat milk, cows' milk, fermented milk, evaporated milk, curdled milk, condensed milk, protein milk, enabling consumers to conveniently view and purchase those goodsàapplicant must clarify these services, e.g., “wholesale and retail store services”

-        information, advice and consultancy relating to all the aforesaid services

 

International Class 43

 

The identification of services is indefinite and must be clarified for the following reasons.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01:

 

-        temporary accommodationàapplicant must clarify the services, e.g., “providing temporary accommodation”

 

The identification of goods and/or services contains parentheses.  Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed.  See TMEP §1402.12.  The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).”  Id.

 

Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical or bracketed information into the description of the goods and/or services.

 

Applicant may adopt the following identification, if accurate.  The wording that appears in bold and/or italics below represents the suggested changes.  Any wording that is crossed out represents matter that must be deleted from the identification.

 

International Class 3: Essential oils for food flavorings

 

International Class 29: Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams, compotes; Eggs; Milk and milk products, namely, {applicant must specify the particular milk products, or state that they exclude ice cream, ice milk and frozen yogurt to be in Class 29}; Oils and fats for food; Dairy products, namely, {applicant must specify the particular dairy products in Class 29, e.g., “dairy-based beverages”}; dairy spreads, namely, {applicant must specify the particular dairy spreads in Class 29, e.g., “low fat dairy spreads}; dairy-based spreads; low fat dairy spreads; butter; butter preparations; butter substitutes; concentrated butter; blended butter; savoury butters; seed butters; butter made from nuts; cocoa butter for food; powdered nut butters; margarine; margarine substitutes; edible fat-based spreads for bread; cream; sour cream; cream powder; artificial cream being a dairy product substitute; artificial cream and sour cream substitutes; non-dairy milk and cream, namely, {applicant must specify the particular items in Class 29, e.g., “milk substitutes” and “non-dairy creamer”}; edible oils and fats; cooking oils; nut oils for food; vegetable oils for food; coconut oil and fat for food; animal oils for food; edible oils derived from fish; soya bean oil for food; {specify type of “seed”}seed oils for food; flavoured olive oils for food; olive oils; spiced olive oils for food; butter oil for food; blended oils for food; hydrogenated oils for food; hardened oils being hydrogenated oils for food; clarified butter; butter for use in cooking; ghee; dips; dairy-based dips; meat substitutes; preserved, frozen, dried and cooked fruits and vegetables; vegetable and plant- based meat substitutes; vegetable spreads; vegetable-based spreads; vegetable- based snack foods; cheese spreads; cheese-based snack foods; nut paste spreads; nut-based spreads; spreads consisting mainly of fruits; fruitbased snack food; candied fruit snacks; dairy-based beverages; drinks made from dairy products, namely, {applicant must more clearly specify the type of drinks, e.g., “dairy-based beverages”}; protein milk; cream, being dairy products; non-dairy creamer; coffee whiteners consisting primarily of dairy products; milk powder for nutritional purposes; dairy-based whipped topping; yoghurt; yoghurts; yoghurt beverages and drinks; yoghurt-based beverages and drinks; drinking yoghurt; yoghurt dessert, namely, {applicant must specify the type of “dessert”}; soya yoghurt; flavoured yoghurt; custard-style yoghurts; low fat yoghurt; preparations for making yoghurt, namely, {applicant must specify the particular preparations in Class 29, e.g., “milk”}; yoghurt made with goats milk; milk products, namely, {applicant must specify the particular “milk products” in Class 29}; butter milk; butter cream; milk; milkshakes; sour milk; milk curds; flavoured milks; milk solids; dried milk; milk powder; soya milk; milk beverages and drinks consisting principally of milk; milk based beverages and drinks consisting principally of milk; flavoured milk beverages and drinks consisting principally of milk; milk beverages, milk predominating; rice milk; sheep milk; goat milk; cows' milk; fermented milk; evaporated milk; curdled milk; condensed milk; albumin milk; oat milk; milk substitutes; milk based snacks, namely, {applicant must specify the particular snacks in Class 29}; kefir; kumiss; hemp milk used as a milk substitute; artificial milk based desserts, namely, {applicant must specify the type of “desserts”}; almond milk; coconut milk; peanut milk; hazelnut milk; cashew milk; nut milks; snack foods based on nuts; fruit and nut-based snack bars; nut and seed-based snack bars; snack foods based on legumes, namely, {specify type of “legumes,” e.g., “mung beans,” “red beans,” etc.}; tofu-based snacks; soya based snacks; snacks of edible seaweed; protein-based snacks, namely, {applicant must specify the particular snacks in Class 29 and their content, as “protein-based” is too broad}; vegetables pastes; bases for making milk shakes

 

International Class 30: Coffee, tea, cocoa and artificial coffee; Rice; Tapioca and sago; Flour and preparations made from cereals; Bread, pastries and confectionery made of sugar; Edible ices; Sugar, honey, treacle; Yeast, baking-powder; Salt; Mustard; Vinegar, sauces; Spices; Ice; Chocolate spreads; chocolate-based spreads; chocolate spreads containing nuts; cocoa-based creams in the form of spreads; Condiments, namely, {applicant must specify the type of condiments in Class 30, e.g., “ketchup”}; chutneys; relishes; sauces; savoury sauces used as condiments; mayonnaise; mayonnaise-based spreads; imitation mayonnaise; vegan mayonnaise; mayonnaise with pickles; mayonnaise- based sauces; salad dressings containing cream; ketchup; ketchups; tomato ketchup; food condiments consisting primarily of ketchup and salsa; ketchup-based spreads; sweet spreads, namely, {applicant must specify the particular type of spreads in Class 30, e.g., “chocolate-based spreads”}; high protein cereal bars; coffee oils; chili oils being condiments; flavourings for food not being essential oils; sweetmeats made of sesame oil;

dairy chocolate, namely, milk chocolate; dairy free chocolate; dairy confectionery, namely, {applicant must specify particular “confectionery” in Class 30}; chocolate food beverages not being dairy or vegetable based; chocolate based beverages containing milk; coffee based beverages containing milk; ice cream; ice creams; frozen yoghurts; custard; custards; custard powder; imitation custard; frozen custard; Dairy puddings and dairy desserts, namely, {specify particular dairy desserts, e.g., ice cream}

 

International Class 35: Advertising; Business management; Business administration; providing Office functions; Organisation of exhibitions and trade fairs for business and promotional purposes; Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes; Administration of sales and promotional incentive schemes, namely, arranging and conducting incentive reward programs to promote the sale of {indicate goods or services that are the subject matter of the reward program}; Organization, operation and supervision of sales and promotional incentive schemes, namely, arranging and conducting incentive reward programs to promote the sale of {indicate goods or services that are the subject matter of the reward program}; Distribution of promotional matter, namely, promoting the goods and services of others by distributing advertising materials through a variety of methods; wholesale and retail store services in relation to dietary and nutritional supplements, mineral dietary and nutritional supplements, nutritional supplement meal replacement bars for boosting energy, powdered nutritional supplement drink mix, dietary food supplements, dietary supplement drinks, non-dairy milk for pharmaceutical purposes, all the aforesaid goods for humans, enabling consumers to conveniently view and purchase those goods; wholesale and retail store services in relation to protein supplements, protein dietary supplements, protein powder dietary supplements, soy protein dietary supplements, milk sugar, powdered milk for babies, powdered milk for infants, milk ferments for pharmaceutical purposes, almond milk for pharmaceutical purposes, malted milk beverages for medical purposes, all the aforesaid goods for humans, enabling consumers to conveniently view and purchase those goods; wholesale and retail store services in relation to dairy products, dairy spreads, dairy-based spreads, low fat dairy spreads, butter, butter preparations, butter substitutes, concentrated butter, blended butter, savoury butters, seed butters, butter made from nuts, cocoa butter, powdered nut butters, margarine, margarine substitutes, edible fat-based spreads for bread, cream, sour cream, cream powder, artificial cream being dairy product substitutes, enabling consumers to conveniently view and purchase those goods; wholesale and retail store services in relation to cream alternatives and substitutes, non-dairy milk and cream, edible oils and fats, cooking oils, nut oils, vegetable oils for food, coconut oil and fat for food, animal oils for food, edible oils derived from fish, soya bean oil for food, seed oils for food, flavoured oils, olive oils, spiced oils, butter oil, blended oils for food, hydrogenated oils for food, enabling consumers to conveniently view and purchase those goods; wholesale and retail store services in relation to hardened oils, clarified butter, butter for use in cooking, ghee, dips, dairy-based dips, meat substitutes, preserved, frozen, dried and cooked fruits and vegetables, vegetable and plant-based meat substitutes, vegetable spreads, vegetable-based spreads, vegetable-based snack foods, enabling consumers to conveniently view and purchase those goods; wholesale and retail store services in relation to cheese spreads, cheese-based snack foods, nut paste spreads, nut-based spreads, spreads consisting mainly of fruits, fruit-based snack food, fruit snacks, dairybased beverages, drinks made from dairy products, protein milk, dairy-based dips, cream, being dairy products, non- dairy creamer, dairy whiteners for beverages, milk powder for nutritional purposes, enabling consumers to conveniently view and purchase those goods; wholesale and retail store services in relation to dairy-based whipped topping, dairy puddings and desserts, yoghurt, yoghurts, yoghurt beverages and drinks, yoghurt- based beverages and drinks, drinking yoghurt, yoghurt dessert, soya yoghurt, flavoured yoghurt, custard-style yoghurts, low fat yoghurt, preparations for making yoghurt, yoghurt made with goats milk, milk products, butter milk, butter cream, enabling consumers to conveniently view and purchase those goods; wholesale and retail store services in relation to milk, milkshakes, sour milk, milk curds, flavoured milks, milk solids, dried milk, milk powder, soya milk, milk beverages and drinks, milk based beverages and drinks, flavoured milk beverages and drinks, milk beverages, milk predominating, rice milk, sheep milk, goat milk, cows' milk, fermented milk, evaporated milk, curdled milk, condensed milk, protein milk, enabling consumers to conveniently view and purchase those goods; information, advice and consultancy relating to all the aforesaid services

 

International Class 43: Services for providing food and drink; providing temporary accommodation; bar and bistro services; bar and cocktail lounge services; bar and restaurant services; café and snack-bar services; cafeteria and canteen services; coffee shop services; hotel and motel services; hotel, bar and restaurant services; hotel catering services; preparation and provision of food and drink for consumption in retail establishments; preparation and provision of food and drink for immediate consumption; preparation of food and beverages; providing food and drink as part of hospitality services; providing food and drink catering services for sports events, concerts, conventions and exhibitions; providing food and drink in bistros; information, advisory and consultancy services relating to all the aforesaid

 

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.

 

Classification of Goods and Services

 

If applicant adopts the suggested amendment of the goods and/or services, then applicant must amend the classification to International Classes 3, 29, 30, 35, and/or 43.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.

 

Additional Filing Fee(s) Required if Adopting Additional International Class(es)

 

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.

 

DISCLAIMER REQUIRED

 

Applicant must provide a disclaimer of the unregistrable part of the applied-for mark even though the mark as a whole appears to be registrable.  See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a).  A disclaimer of an unregistrable part of a mark will not affect the mark’s appearance.  See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 979-80, 144 USPQ 433, 433 (C.C.P.A. 1965).

 

In this case, applicant must disclaim the wording “PROFESSIONAL” because it is not inherently distinctive.  The unregistrable term at best is merely descriptive of a feature of the goods and services, namely, the goods are the result of work that requires a high level of skill or training, and the services relate to work that needs special skills or qualifications and high levels of skill or training.  See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).  Please see the attached definition of “professional.”

 

Applicant may respond to this issue by submitting a disclaimer in the following format: 

 

No claim is made to the exclusive right to use “PROFESSIONAL” apart from the mark as shown. 

 

For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage. 

 

Response guidelines

 

For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement, applicant should set forth the changes or statements.  Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.


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.

 

/Lindsey H. Ben/

Lindsey H. Ben

Trademark Examining Attorney

Law Office 108

Phone: (571) 272-4239

Lindsey.Ben@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.

 

 

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U.S. TRADEMARK APPLICATION NO. 88202745 - MEADOWLAND PROFESSIONAL - 70698.6

To: Upfield Europe B.V. (ipdocketing@haynesboone.com)
Subject: U.S. TRADEMARK APPLICATION NO. 88202745 - MEADOWLAND PROFESSIONAL - 70698.6
Sent: 3/14/2019 8:18:35 AM
Sent As: ECOM108@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 3/14/2019 FOR U.S. APPLICATION SERIAL NO. 88202745

 

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 3/14/2019 (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.

 

 


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