To: | Toast Holdings, Inc. (gtipmail@gtlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88417134 - TOAST - 163052-02230 |
Sent: | April 07, 2020 09:38:42 PM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88417134
Mark: TOAST
|
|
Correspondence Address:
|
|
Applicant: Toast Holdings, Inc.
|
|
Reference/Docket No. 163052-02230
Correspondence Email Address: |
|
NONFINAL 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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: April 07, 2020
This application has been assigned to examiner Paula Mahoney for further prosecution.
In the incoming correspondence of January 9, 2020, the applicant deletes the wording “pre-rolls” from the identification, which is acceptable. Upon further review of the application, if appears further clarification is required. The applicant is advised as follows:
IDENTIFICATION
“Rolling papers” is indefinite and overly broad, because the specific nature of the paper is unknown.
“Lighters” is indefinite and overly broad, because it may include goods in more than one class.
The applicant has used the term “hemp” in the identification. Quotation marks should not be used in the identification. Applicant must correct the punctuation in the identification to clarify the individual items in the list of goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01(a). Proper punctuation in identifications is necessary to delineate explicitly each product or service within a list and to avoid ambiguity. Commas, semicolons, and apostrophes are the only punctuation that should be used in an identification of goods and/or services. TMEP §1402.01(a). An applicant should not use colons, periods, exclamation points, and question marks in an identification. Id. In addition, applicants should not use symbols in the identification such as asterisks (*), at symbols (@), or carets. Id.
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id.
Applicant may substitute the following wording, if accurate:
“Friction lighters for igniting gas” in Class 11; and/or
“Cigarette lighters for land vehicles” in Class 12; and/or
“Paper rolls for (specify, e.g., for calculating machines)” in Class 16; and/or
“Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; cartridges sold filled with vegetable glycerin for electronic cigarettes; cases for electronic cigarettes and electronic cigarette accessories; electronic cigarette atomizers sold empty; Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; electronic cigarette refill cartridges sold empty; oral vaporizers for smokers; Oral vaporizers for smoking purposes; Smokeless cigarette vaporizer pipe; smokers' oral vaporizer refill cartridges sold empty; cigarillos; cigars; rolling papers (specify, e.g., cigarette rolling papers); matchboxes; ashtrays; holders of cigarettes; cigar tubes; humidors; filter tipped cigarettes; hemp tins; lighters (specify, e.g., cigarette lighters); all of the foregoing having or being intended for use with products made from hemp as defined in the 2018 Farm Bill, containing less than 0.3% THC” in Class 34.
Applicant’s goods and services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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.
CLASSIFICATION
ADDITIONAL CLASSES
The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(1) List the goods 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 fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in at least four classes; however, applicant submitted a fee sufficient for only one class. 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class Application webpage.
RESPONSE GUIDELINES
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Paula Mahoney/
Trademark Examining Attorney
Law Office 119
571-272-9191
paula.mahoney@uspto.gov
RESPONSE GUIDANCE