Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

Issue date:  March 23, 2020

 

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.

 

Application has been amended as shown below.  As agreed to by Elizabeth Burkhard on March 23, 2020, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

AMENDMENT OF IDENTIFICATION OF GOODS:

 

The identification of goods for International Classes 5, 29, 30 and 32 are amended to read as follows: 

 

Nutritional supplements, namely, probiotic and prebiotic compositions; nutritional supplement beverages in the nature of a blend of probiotics and prebiotics packaged and sold unmixed with the base beverage; nutritional supplements and nutritional supplement beverages containing probiotics and prebiotics for beauty, detoxification, energy, sleep, health and wellness purposes; nutritional fortified beverages for medical purposes; nutritionally fortified beverages for beauty, detoxification, energy, sleep, health and wellness purposes; protein supplement shakes; powdered nutritional supplement drink mix containing probiotics, prebiotics, protein, in International Class 5.

 

Beverages, namely, milk substitute-based beverages, dairy substitute-based beverages also containing probiotics, prebiotics, live cultures; non-dairy creamer; dairy-based beverages; snack foods, namely, vegetable-based snack foods, fruit-based snack foods, nut-based snack foods, seed-based snack foods, dried fruit-based snacks, in International Class 29.

 

Beverages, namely, coffee, iced coffee, cold brew coffee, prepared coffee-based beverages; tea-based beverages; powders used in the preparation of tea based beverages; snack foods, namely, cereal-based, rice-based, granola-based, chocolate-based snack foods, including, all of the aforementioned foods as meal replacements, ready-to-eat food bars, and candies, in International Class 30.

 

Beverages, namely, non-alcoholic vegetable and fruit juices, non-alcoholic vegetable and fruit shots and waters containing live cultures, probiotics or prebiotics; fruit-based beverages; beverages containing electrolytes, namely, sports drinks, flavored waters, nutritionally-enhanced waters and non-alcoholic energy shots containing electrolytes, in International Class 32.

 

See TMEP §§1402.01, 1402.01(e).

 

 

/Marlene Bell/

Trademark Examining Attorney

Law Office 118

571-272-9291

marlene.bell@uspto.gov (for informal inquiries)

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 23, 2020 for

U.S. Trademark Application Serial No. 88494187

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

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

 

/Marlene Bell/

Trademark Examining Attorney

Law Office 118

571-272-9291

marlene.bell@uspto.gov (for informal inquiries)

 

 

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).

 

 

 

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.”