Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  August 02, 2019

 

 

 

Application has been amended as shown below.  The trademark examining attorney is amending the application as follows.  No prior approval or authorization from applicant or applicant’s attorney is required.  TMEP §707.02.

 

This application was approved for publication on March 11, 2019.  See 37 C.F.R. §2.80.  However, approval of the application has been withdrawn to address the issue(s) below.  See TMEP §706.01.  The trademark examining attorney apologizes for any inconvenience this may cause applicant.

 

 

CLASSIFICATION OF GOODS

 

Proper classification of goods and services is a purely administrative matter within the sole discretion of the USPTO.  See In re Faucher Indus. Inc., 107 USPQ2d 1355, 1357 (TTAB 2013) (quoting In re Tee-Pak, Inc., 164 USPQ 88, 89 (TTAB 1969)).

 

The goods classified as “Syrups or powders for making tea-based beverages,” in Class 32 are misclassified.  The goods, “syrups or powders for making tea-based beverages,” have been deleted from Class 32 and moved to Class 30, as follows:

 

 

Class 30:          Coffee; Cakes; Tea; Sugar; Cocoa; Rice; Tapioca; Sago; Artificial coffee; Flour; Flour preparations made from cereals, bread, pastry, and confectionery; Ice; Honey; Treacle; Yeast; Baking powder; Salt; Mustard; Vinegar; Sauces; Bubble tea; Iced tea; Iced tea-based beverages; Tea bags; Iced tea mix; Powdered iced tea mix; Syrups or powders for making tea-based beverages

 

 

Class 32:          Aerated water; Drinking water; Syrups for making beverages; Syrups or powders for making tea-based beverages; Beers; Energy drinks; Bottled water; Flavored waters; Flavored bottled water; Fruit juices; Fruit drinks; Juice based concentrates; Sports drinks; concentrates, syrups or powders for making fruit drinks or fruit-flavored beverages; concentrates, syrups or powders for making soft drinks; juice based concentrates; powdered lemonade mix; lemonade and iced tea-flavored drink mixes; non-alcoholic cocktail mixes; beverages containing a mixture of lemonade and iced tea; soft drinks; beverages containing a mixture of fruit drinks and iced tea

 

 

 

/rscb/

Robin S. Chosid-Brown

Trademark Examining Attorney

Law Office 102

571-272-9252

robin.chosid-brown@uspto.gov

 

 

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on August 02, 2019 for

U.S. Trademark Application Serial No. 88211523

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/rscb/

Robin S. Chosid-Brown

Trademark Examining Attorney

Law Office 102

571-272-9252

robin.chosid-brown@uspto.gov

 

 

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”