To: | GRUMA CORPORATION (jmcdocket@fbfk.law) |
Subject: | U.S. Trademark Application Serial No. 88509557 - UNCOOKED - 5139.228.US |
Sent: | July 30, 2019 05:06:10 PM |
Sent As: | ecom121@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88509557
Mark: UNCOOKED
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Correspondence Address: FERGUSON BRASWELL FRASER KUBASTA PC 2500 DALLAS PARKWAY, SUITE 600
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Applicant: GRUMA CORPORATION
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Reference/Docket No. 5139.228.US
Correspondence Email Address: |
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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: July 30, 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).
Section 2(e)(1) Refusal – Merely Descriptive
Registration is refused because the applied-for mark merely describes a feature or characteristic of applicant’s goods. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
Here, applicant’s mark is UNCOOKED for “tortillas” in Class 30. The definition of UNCOOKED is “not cooked; raw.” See attached Lexico definition. This wording merely describes a feature or characteristic of applicant’s tortillas because it is immediately conveying to consumers that applicant’s tortillas are raw and not cooked.
Further, the attached evidence from Specialty Food Association, Kroger, and La Canasta demonstrates that UNCOOKED in the applicant’s mark is used to describe a feature or characteristic of the tortillas in that they are not cooked.
Because applicant’s mark, UNCOOKED, is merely descriptive of the feature or characteristic of the applicant’s goods, registration must be refused on the Principal Register under Section 2(e)(1) of the Trademark Act.
Response Guidelines
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
/Elizabeth Shen/
Trademark Examining Attorney
Pronouns: she, her, hers
Law Office 121
571-270-7111
elizabeth.shen@uspto.gov
RESPONSE GUIDANCE