To: | LILY FAN (ALPHATUNG@163.COM) |
Subject: | U.S. Trademark Application Serial No. 88358284 - EGGCELLENT - N/A |
Sent: | July 08, 2019 12:32:03 PM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88358284
Mark: EGGCELLENT
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Correspondence Address: |
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Applicant: LILY FAN
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Reference/Docket No. N/A
Correspondence Email Address: |
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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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: July 08, 2019
This Office action is supplemental to and supersedes the previous Office action issued on June 14, 2019 in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement: amendment to identification of goods rewquired. See TMEP §§706, 711.02.
In a previous Office action(s) dated June 14, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(d) for a likelihood of confusion with a registered mark.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: Amendment to Identification of goods
Applicant must respond to all issues raised in this Office action and the previous June 14, 2019 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
AMENDMENT TO IDENTIFICATION OF GOODS
In this case, the application originally identified the goods s as follows: “Pet food; Pet treats in the nature of bully sticks; Edible pet treats; Edible organic pet treats for chickens, flocks, dogs, cats, cattles, horses, wild birds, poultry, hedgehogs, and reptiles; Edible vegan pet treats for chickens, dogs, cats, cattles, horses, wild birds, poultry, hedgehogs, and reptiles; Pre-baked edible pet treats.”
However, the proposed amendment identifies the following goods: “Edible insects, not live.”
This proposed amendment is beyond the scope of the original identification because edible insects, not live could include edible insects, not live for human consumption.
TRADEMARK COUNSEL SUGGESTED
For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help or an online directory of legal professionals, such as FindLaw®. The USPTO, however, may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
Please note that foreign attorneys, other than duly authorized Canadian attorneys, are not permitted to represent applicants before the USPTO. See 37 C.F.R. §§2.17(e), 11.14(c), (e); TMEP §602.03-.03(c). The only attorneys who may practice before the USPTO in trademark matters are (1) attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other U.S. commonwealths/territories; and (2) duly authorized Canadian agents/attorneys. See 37 C.F.R. §§2.17(e), 11.14(a), (c); TMEP §602.
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.
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.
How to respond. Click to file a response to this nonfinal Office action
/Kara E. Jackson/
Kara E. Jackson
Examining Attorney
Law Office 120
(571)272-4358
Kara.Jackson@uspto.gov
RESPONSE GUIDANCE