To: | nuun & company, Inc. (pctrademarks@perkinscoie.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88259013 - NUUN - 72613-4000 |
Sent: | 3/29/2019 12:25:58 PM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88259013
MARK: NUUN
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: nuun & company, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 3/29/2019
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.
Identification & Classification of Goods TMEP §1402.01.
Applicant has submitted the following identification of goods, specifying International Class 005:
[USE IN COMMERCE] Dissolving or effervescent tablets used to make electrolyte replacement drinks; dissolving or effervescent tablets used to make sports drinks; mineral supplements;
[INTENT TO USE] Dissolving or effervescent tablets used to make energy drinks; dissolving or effervescent tablets used to make protein drinks; powdered electrolyte replacement drink mix; powdered mixes for making sports drinks; powered mixes for making energy drinks; powdered mixes for making protein drinks; vitamin supplements; probiotic supplements; vitamin supplement in tablet form for use in making effervescent and non-effervescent beverages when added to water; dissolving or effervescent tablets and powders for making beverages to support digestive health, cognitive functionality, joints and overall health and well being.
The wording “dissolving or effervescent tablets used to make sports drinks;” in the identification of goods is misclassified. The correct classification is International Class 032
The wording:
Dissolving or effervescent tablets used to make energy drinks;
dissolving or effervescent tablets used to make protein drinks;
powdered mixes for making sports drinks; powered mixes for making energy drinks;
powdered mixes for making protein drinks;
in the identification of goods is misclassified. The correct classification is International Class 032.
The wording “powdered electrolyte replacement drink mix” in the identification of goods is unacceptable as indefinite and could refer to goods in more than one International Class. Clarification is required.
For example, if accurate, the applicant may amend this wording to:
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.
Description of the Mark Applicant must submit an amended description of the mark because the current one uses broad, vague language that does not accurately describe the mark. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. Descriptions must be accurate and identify all the literal and design elements in the mark. See 37 C.F.R. §2.37; TMEP §808.02. In this case, the description is vague with regard to the wording “trisected label with varying section sizes”
The following description is suggested:
The mark consists of trade dress applied to product packaging and consists of a multiple section label with the top portion being the largest section, the middle portion being smaller, and the bottom portion being the smallest section. The stylized word "NUUN" with a plus-sign design integrated into the first letter "N" of the word is located on the top portion of the sectioned product label. The dotted lines forming the cylindrical shape of the container and its cap are intended to show the position of the mark and are not part of the mark.
SEARCH TMEP §704.02; see 15 U.S.C. §1052(d).
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).
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.
For questions about the Office action itself, please contact the assigned trademark examining attorney.
/Linda E. Blohm/
Trademark Examining Attorney
linda.blohm@uspto.gov
phone: 571.272.9129
fax: 571.273.9110
Law Office 110
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. 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.