Offc Action Outgoing

MAKE TODAY MATTER

Nutrition By Design, Inc.

U.S. Trademark Application Serial No. 88452411 - MAKE TODAY MATTER - N/A

To: Nutrition By Design, Inc. (tammy@nbdsecrets.com)
Subject: U.S. Trademark Application Serial No. 88452411 - MAKE TODAY MATTER - N/A
Sent: March 09, 2020 03:00:52 PM
Sent As: ecom117@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

U.S. Application Serial No. 88452411

 

Mark:  MAKE TODAY MATTER

 

 

 

 

Correspondence Address: 

Nutrition By Design, Inc.

PO Box 120

925 Ft. McKavitt Street

Mason TX 76856

 

 

 

Applicant:  Nutrition By Design, Inc.

 

 

 

Reference/Docket No. N/A

 

Correspondence Email Address: 

 tammy@nbdsecrets.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:  March 09, 2020

 

 

This Office Action is in response to applicant’s communication filed on 2/24/2020. 

  

The following requirements and/or refusals are maintained and continued:   SPECIMEN ISSUE;  MARK DESCRIPTION

 

Applicant must respond to the following new issue(s), discussed below:

 

.

IDENTIFICATION

 

The proposed amendment to the identification is not acceptable because it exceeds the scope of the identification in the application.  See 37 C.F.R. §§2.32(a)(6), 2.71(a); TMEP §§805, 1402.06 et seq., 1402.07.  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.  Therefore, the original identification in the application, and any previously accepted amendments, remain operative for purposes of future amendment.  See 37 C.F.R. §2.71(a); TMEP §1402.07(d).

 

In this case, the application originally identified the goods and/or services as follows:  “Licensing of advertising slogans and cartoon characters.”

 

However, the proposed amendment identifies the following goods and/or services:  “Livestock.”  

 

This proposed amendment is beyond the scope of the original identification because livestock is a completely different good compared to the originally identified services, Licensing of advertising slogans and cartoon characters.   This is animals versus licensing, two totally different things.  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.

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Hsu, Fong/

Trademark Examining Attorney

Law Office 117

U.S. Patent & Trademark Office

Office:  (571) 272-2001

Fax:  (571) 272-2002

 

 

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. 88452411 - MAKE TODAY MATTER - N/A

To: Nutrition By Design, Inc. (tammy@nbdsecrets.com)
Subject: U.S. Trademark Application Serial No. 88452411 - MAKE TODAY MATTER - N/A
Sent: March 09, 2020 03:00:53 PM
Sent As: ecom117@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 09, 2020 for

U.S. Trademark Application Serial No. 88452411

 

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. 

 

 

/Hsu, Fong/

Trademark Examining Attorney

Law Office 117

U.S. Patent & Trademark Office

Office:  (571) 272-2001

Fax:  (571) 272-2002

 

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 March 09, 2020, 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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