To: | Green Line Botanicals, LLC (kgarrone@mccarter.com) |
Subject: | U.S. Trademark Application Serial No. 88438019 - FARM TO FORMULA - 131269-00002 |
Sent: | August 20, 2019 05:19:02 PM |
Sent As: | ecom125@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88438019
Mark: FARM TO FORMULA
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Correspondence Address: |
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Applicant: Green Line Botanicals, LLC
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Reference/Docket No. 131269-00002
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 20, 2019
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
CLASSIFICATION AND IDENTIFICATION OF GOODS REQUIRES AMENDMENT
The wording “anti-acne agents, anti-dandruff agents, anti-foaming agents, anti-fungal agents, anti-inflammatory agents, anti-irritant agents, anti-microbial agents, antioxidants, anti-perspirant agents, anti-static agents, anti-tack agents, astringents, binders, bioactives, bulking agents, delivery systems, carriers, denaturants, deodorant agents, dispersing agents, exfoliants, peeling agents, extenders, fillers, film formers, flavoring agents, fragrance ingredients, hair conditioning agents, hair fixatives, hair growth agents, anti-hair loss agents, hair removal agents, hair-waving agents, straightening agents, lytic agents, matting agents, nail building agents, nail conditioning agents, opacifying agents, pearlizing agents, oral care agents, oxidizing agents, ph adjusters, buffering agents, propellants, protectants, reducing agents, skin bleaching agents, lightening agents, skin conditioning agents, slip modifiers, solubilizing agents, stabilizers, sunscreen agents” in the identification of Class 1 goods is indefinite and must be clarified to identify particular materials by common commercial name in International Class 001. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Further, some of the wording above appears to identify finished products classified in other International Classes. For example, “Non-medicated exfoliating preparations for {indicate use, e.g., skin, hair, etc.}” in in Class 3. Generally, a trademark examining attorney will recommend acceptable substitute wording for unacceptable identifications of goods and/or services. In this case, however, because the nature of the goods and/or services is unclear from the application record, the trademark examining attorney is unable to suggest any alternative wording. See TMEP §1402.01(e).
Summary of Suggested Amendments
To address the above issues, applicant may adopt any or all of the following identifications, with the necessary information added, if accurate. (proposed changes shown in bold typeface; instructions and comments to applicant set forth between curly brackets {}):
International Class 1
Chemical compositions and botanical extracts for use in the manufacture of cosmetics, personal care preparations, foods and beverages; raw material ingredients in the nature of chemical preparations for use in industry, namely, abrasive compositions, chemicals for absorbing {specify substance or gas, e.g., ethylene, oil, etc.}, adhesives, adhesion promoters, anti-caking agents, chemical agents for chelating, chemical agents for sequestering, dispersing agents, plasticizers, chemical preservatives, solvents, surfactants, and viscosity modifiers, for use in the manufacture of cosmetics, personal care preparations, foods and beverages
International Class 2 – NEW CLASS
Raw materials, namely, colorants for use in the manufacture of cosmetics, personal care preparations, foods and beverages
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(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 fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). 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.
ATTORNEY BAR INFORMATION & ATTESTATION
Response guidelines. 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
Laura Wright
/Laura M. Wright/
Trademark Examining Attorney
Law Office 125
(571) 272-5421
laura.wright@uspto.gov
RESPONSE GUIDANCE