United States Patent and Trademark Office (USPTO)

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

 

 

EXAMINER’S AMENDMENT

 

Issue date:  September 23, 2019

 

NO CONFLICTING MARKS FOUND

The USPTO database of registered and pending marks have been searched and no conflicting registered or pending mark has been found that would bar registration under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d) (2012).  Trademark Manual of Examining Procedure § 704.02 (October 2018). 

AMENDMENTS AUTHORIZED

In accordance with the authorization granted by Michael K. Kelly, Esq. on September 20 and 23, 2019, the application has been amended as indicated below.  TMEP § 707.

If the identification of goods or services has been amended, please note that any future amendments must be in accordance with Trademark Rule of Practice 2.71(a), 37 C.F.R. § 2.71(a) (2019), and TMEP § 1402.06–.07.  See TMEP § 1402.07(e). 

ADDITIONAL CLASS FEE PAID

By Voluntary Amendment filed September 23, 2019, Applicant submitted an additional class fee.  The application is amended, as noted below.  37 C.F.R. §§ 2.32(a), 2.85; see TMEP §§ 1401.03(b), 1402.11.  

AMENDED & RECLASSIFIED GOODS & SERVICES

Applicant has authorized the following amendment: 

International Class 16:

Disposable biodegradable pulp-based food containers and lids for commercial use, namely, non-stick, oil and water leak proof, microwave and oven safe to-go containers for food, plates for food packaging, bowls for food packaging, and multi-compartment trays for food packaging; Pulp-based food containers for commercial use, namely, biodegradable, compostable and recyclable containers for storing food for domestic use, fiber paper to-go containers for food, plates for food packaging, bowls for food packaging, and multi-compartment trays for food packaging.

International Class 40:

Custom manufacture of non-stick, ocean safe, oil and water leak proof, microwave and oven safe, bio-degradable, compostable and recyclable products, namely, food storage containers, to-go containers, plates, bowls, and multi-compartment trays, fiber coffee lids, cold cup lids, and carry-out cup holders.

International Class 42:

Custom design of non-stick, ocean safe, oil and water leak proof, microwave and oven safe, bio-degradable, compostable and recyclable products, namely, food storage containers, to-go containers, plates, bowls, and multi-compartment trays, fiber coffee lids, cold cup lids, and carry-out cup holders.

TMEP § 1402.01(e).

VOLUNTARY SECTION 2(F) CLAIM WITHDRAWN

In the initial filing, Applicant claimed distinctiveness of its mark, under Section 2(f) of the Trademark Act, 15 U.S.C. § 1052(f), based on its five or more years of use.  However, such claim of acquired distinctiveness is necessary in this case, as the proposed mark “FOOTPRINT” & design is comprised of an inherently distinctive design element and a term that is suggestive of a carbon footprint, and therefore, is inherently distinctive. 

Applicant has authorized that said claim be deleted from the USPTO database, and no Section 2(f) claim will appear in the Official Gazette or on any registration certificate resulting from this application.  TMEP § 1212.02(d).  

Please inform the undersigned immediately if there is an objection to any amendment; otherwise, no response is necessary. 

Thank you for your cooperation and time in resolving the foregoing issues.

Sincerely,

/Judy Helfman/

Judith M. Helfman

Attorney, Law Office 111

571/272-5892

judy.helfman@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 23, 2019 for

U.S. Trademark Application Serial No. 88496731

 

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. 

 

/Judy Helfman/

Judith M. Helfman

Attorney, Law Office 111

571/272-5892

judy.helfman@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).

 

 

 

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.”