To: | Nutrient Foods, LLC (dave@dingmaniplaw.com) |
Subject: | U.S. Trademark Application Serial No. 88411042 - LIQUID NUTRIENT - 24278-00130 |
Sent: | February 05, 2020 05:29:00 PM |
Sent As: | ecom116@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88411042
Mark: LIQUID NUTRIENT
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Correspondence Address: |
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Applicant: Nutrient Foods, LLC
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Reference/Docket No. 24278-00130
Correspondence Email Address: |
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FINAL OFFICE ACTION
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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: February 05, 2020
In an office action of July 17, 2019, registration was refused under Section 2(e)(1) of the Trademark Act on the basis that the mark is merely descriptive of the goods.
The undersigned has reviewed the response filed on January 17, 2020, and carefully considered the arguments contained therein.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
The mark is “LIQUID NUTRIENT” for “Powdered nutritional supplement drink mix.” The definition of a “drink” is “A liquid that is fit for drinking; a beverage.” As stated in the identification, the goods are for use in making drinks. Thus, the word “liquid” describes a use of the goods.
The word “nutrient” is defined as “A source of nourishment, especially a nourishing ingredient in a food.” The attached website pages and those of record are evidence that the word “nutrient” describes an ingredient of nutritional supplement drink mixes. Furthermore, the attached website pages are evidence that the words “liquid nutrient” describe powdered drink mixes that contain nutrients and are taken in liquid form. The following excerpts are representative examples.
Vital Boost is a powder liquid drink mix because the variety of antioxidants in it is more easily absorbed as a fluid. Liquid nutrients can be concentrated and better ingested by your body since no fillers or binders are used.
Introduction SPIZ is a scientifically blended formulation of carbohydrates, proteins, fatty acids, vitamins and minerals that is mixed with water.
It is a complete liquid food source developed to fuel the human engine during times of illness, stress, exercise and/or increased caloric need; a nutritional food and meal replacement drink that is being used by endurance athletes (cyclists, runners, triathletes, etc.), cancer and AIDS patients as well as geriatric folks trying to maintain or increase lean body mass.
Alacer Emergen-C Vitamin C Fizzy Drink Mix Tangerine Description: New! Improved Flavor 7 B Vitamins 24 Nutrients Electrolytes Antioxidants
Applicant argues that the word “liquid” is not descriptive of the goods because they consist of a mix rather than a drink. As set forth above, the word “liquid” describes a use of the goods, which are for making drinks. Thus, this argument is not persuasive.
In conclusion, the words “liquid nutrient” describe a mixes for making liquid drinks containing nutrients or are for delivering liquid nutrients. Thus, the proposed mark is merely descriptive of a use and feature of the goods under Section 2(e)(1) of the Trademark Act. Registration of the proposed mark is refused and made final.
Supplemental Register Advisory
Options for Response to Final Office Action
Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:
(1) A request for reconsideration that fully resolves all outstanding requirements and refusals; and/or
(2) An appeal to the Trademark Trial and Appeal Board with the required filing fees.
TMEP §715.01; see 37 C.F.R. §2.63(b)(1)-(2).
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 request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Khanh M. Le/
Trademark Examining Attorney
Law Office 116
U.S. Patent & Trademark Office
Khanh.Le@USPTO.gov
(571) 272-9435
RESPONSE GUIDANCE