To: | CAFÉ TRÊS CORAÇÕES S/A (docket@lawabel.com) |
Subject: | U.S. Trademark Application Serial No. 88490360 - TRES - 879851 |
Sent: | September 25, 2019 04:16:21 PM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88490360
Mark: TRES
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Correspondence Address: |
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Applicant: CAFÉ TRÊS CORAÇÕES S/A
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Reference/Docket No. 879851
Correspondence Email Address: |
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PRIORITY ACTION
NON-FINAL 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: September 25, 2019
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.
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 September 25, 2019, the examining attorney and Julianne Abelman 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.
Identification and classification of goods. The identification of goods is indefinite and must be clarified. If by “brewing machines” applicant is referring to electric coffee brewers, applicant should so identify them and classify them in Class 11. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may adopt the following identification, if accurate:
“Electric coffee brewers,” in International Class 11.
“Coffee; beverages with a coffee base; coffee-based beverages containing milk; coffee substitutes; tea; beverages based on cocoa; coffee capsules containing coffee for brewing; capsules containing beverages with a coffee base for brewing; capsules containing coffee-based beverages containing milk for brewing; capsules containing coffee substitutes for brewing; tea capsules containing tea for brewing; capsules containing beverages based on cocoa for brewing,” in International Class 30.
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.
Questions. If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusals or requirements in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
How to respond. Click to file a response to this nonfinal Office action.
/John M. Gartner/
Trademark Examining Attorney
Law Office 102
(571) 272-9255
john.gartner@uspto.gov (informal correspondence)
RESPONSE GUIDANCE