Offc Action Outgoing

FARM TO FORMULA

Green Line Botanicals, LLC

U.S. Trademark Application Serial No. 88438019 - FARM TO FORMULA - 131269-00002

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

 

 

 

 

Correspondence Address: 

KELLY J. GARRONE\

MCCARTER & ENGLISH, LLP

100 MULBERRY STREET

FOUR GATEWAY CENTER

NEWARK, NJ 07102

 

 

Applicant:  Green Line Botanicals, LLC

 

 

 

Reference/Docket No. 131269-00002

 

Correspondence Email Address: 

 kgarrone@mccarter.com

 

 

 

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 20, 2019

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

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).

 

SUMMARY OF ISSUES:

  • Classification And Identification Of Goods Requires Amendment
  • Multiple-Class Application Requirements
  • Attorney Bar Information & Attestation

 

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

 

Applicant’s goods and/or 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.

 

MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

The application identifies goods and/or services 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 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

 

Attorney bar information required.  Applicant’s attorney must provide the following bar information:  (1) his or her bar membership number, if the bar provides one; (2) the name of the U.S. state, commonwealth, or territory of his or her bar membership; and (3) the year of his or her admission to the bar.  37 C.F.R. §2.17(b)(3).  This information is required for all U.S.-licensed attorneys who are representing trademark applicants at the USPTO.  Id.  If the attorney’s bar does not issue bar membership numbers, applicant must state this for the record.  See id.

 

Attorney attestation required.  Applicant’s attorney must provide the following statement:  “I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).”  See 37 C.F.R. §2.17(b)(3).  This is required for all U.S.-licensed attorneys who are representing trademark applicants at the USPTO.  Id. 

 

RESPONSE GUIDELINES

 

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.

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

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

  • Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

 

 

U.S. Trademark Application Serial No. 88438019 - FARM TO FORMULA - 131269-00002

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 05:19:08 PM
Sent As: ecom125@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on August 20, 2019 for

U.S. Trademark Application Serial No. 88438019

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

Laura Wright

/Laura M. Wright/

Trademark Examining Attorney

Law Office 125

(571) 272-5421

laura.wright@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from August 20, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond.

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”

 

 

 


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