To: | SYMONS, DOMINIC (tmiller@vestedlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88407766 - 1823 - N/A |
Sent: | August 19, 2019 04:41:10 PM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88407766
Mark: 1823
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Correspondence Address: 221 E. WALNUT STREET, SUITE 227
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Applicant: SYMONS, DOMINIC
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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: August 19, 2019
This Office action is in response to applicant’s communication filed on July 30, 2019.
Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement: Attorney Information & Attestation Required. See TMEP §§706, 711.02.
In a previous Office action dated July 17, 2019, the trademark examining attorney required applicant to satisfy the following requirements: Attorney Information & Attestation Required.
SUMMARY OF ISSUES that applicant must address:
Applicant must respond to all issues raised in this 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).
IDENTIFICATION & CLASSIFICATION OF GOODS – MAINTAINED AND CONTINUED
Applicant has classified “electric machines for making foam from milk” in International Class 11; however, the proper classification is International Class 7. Therefore, applicant may respond by (1) adding International Class 7 to the application and reclassifying these goods in the proper international class, (2) deleting “electric machines for making foam from milk” from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified goods in the proper international class. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below
offers guidance and/or shows the changes being proposed for the identification of goods. If there is wording in the applicant’s version of the identification of
goods which should be removed, it will be shown with a line through it such as this: strikethrough. When making its amendments, applicant should enter them in
standard font, not in bold, in italics, underlined and/or in ALL CAPS.
Applicant may substitute the following wording, if accurate:
International Class 7: ELECTRIC MACHINES FOR MAKING FOAM FROM MILK
International Class 11: Apparatus for heating milk and for making foam while heating milk, namely, electric
beverage heaters; electric coffee machines, coffee makers, and percolators; electric machines for making foam from milk; parts and components for all the aforementioned
goods
International Class 21: Non-electric coffee making machines, non-electrical percolators; parts and components for all the aforementioned goods
International Class 30: Coffee, namely, ground coffee, coffee beans, instant coffee, and coffee flavoring syrup used making food beverages; preparations for making coffee based beverages; hot beverages, namely, tea and hot chocolate; coffee capsules containing coffee for brewing
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
MULTIPLE-CLASS APPLICATION REQUIREMENTS – MAINTAINED AND CONTINUED
(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 fees already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in at least 4 classes; however, applicant submitted fees sufficient for only 3 classes. 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 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
NEW INFORMATION: ATTORNEY INFORMATION & ATTESTMENT REQUIRED
For this application to proceed, applicant must explicitly address each 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. 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
Cameron McBride
/Cameron McBride/
Examining Attorney - Trademarks
Law Office 106
(571) 272-0542
Cameron.McBride@USPTO.gov
RESPONSE GUIDANCE