Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

EXAMINER’S AMENDMENT

Issue date:  August 30, 2019

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:  The trademark examining attorney is amending the application as follows.  No prior approval or authorization from applicant or applicant’s attorney is required.  TMEP §707.02.

Re-Classification of Identified Goods

The application is amended to correct the classification of the goods “Protein based snacks, namely, high-protein nut-based and high protein whey-based . . . crackers” currently listed in International Class 29.  That class is amended to International Class 30, and will be added to the co-pending application number 89568963.  See TMEP §1401.03(b); 37 C.F.R. §2.85.  Any other class(es) of goods in the application will remain unchanged by this amendment. 

Proper classification of goods and services is a purely administrative matter within the sole discretion of the USPTO.  See In re Faucher Indus. Inc., 107 USPQ2d 1355, 1357 (TTAB 2013) (quoting In re Tee-Pak, Inc., 164 USPQ 88, 89 (TTAB 1969)).

/Tina H. Mai/

Trademark Examining Attorney

Law Office 117

571-272-4110

tina.mai@uspto.gov (for informal communications)

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on August 30, 2019 for

U.S. Trademark Application Serial No. 88568959

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. 

/Tina H. Mai/

Trademark Examining Attorney

Law Office 117

571-272-4110

tina.mai@uspto.gov (for informal communications)

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.”