To: | GRUMA CORPORATION (jmcdocket@fbfk.law) |
Subject: | U.S. Trademark Application Serial No. 88429804 - CHOOSE BETTER. FEEL BETTER. - 5139.203.US |
Sent: | August 02, 2019 12:30:02 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88429804
Mark: CHOOSE BETTER. FEEL BETTER.
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Correspondence Address: FERGUSON BRASWELL FRASER KUBASTA PC |
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Applicant: GRUMA CORPORATION
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Reference/Docket No. 5139.203.US
Correspondence Email Address: |
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PRIORITY ACTION
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: August 02, 2019
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must address issues shown below. On August 1, 2019, the examining attorney and John M. Cone discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
Application Informalities
Identification of Goods
A portion of the identification of goods is unacceptable as indefinite because the goods listed were not specific enough. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Specifically, the wording “including” in the identification of goods is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.” See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). The identification must be specific and all-inclusive. This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific goods. See TMEP §1402.03(a).
Applicant may adopt the following identification, if accurate:
Class 30: “Tortillas, tortilla chips, snack foods, namely, corn-based snack foods, grain-based snack foods”
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
If applicant does not respond to this Office action within the six-month period for response, the following goods in International Class 30 will be deleted from the application: “snack foods, including”. The application will then proceed with the following goods in International Class 30 only: “tortillas, tortilla chips, corn-based snack foods, grain-based snack foods”. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
Response
How to respond. Click to file a response to this nonfinal Office action.
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.
/David Collier/
Examining Attorney
Law Office 109
(571) 272-8859
david.collier@uspto.gov (not for formal responses)
RESPONSE GUIDANCE