Suspension Letter

United States Patent and Trademark Office (USPTO)

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

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  February 05, 2020

 

 

The application is suspended for the reason specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

Application suspended until submission of foreign registration.  Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues.  15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a).  Action on the application is suspended until the USPTO receives a copy of such foreign registration.  TMEP §§716.02(b), 1003.04.  Applicant must also provide an English translation if the foreign registration document is not in English.  37 C.F.R. §2.34(a)(3)(ii)-(iii). 

 

If the foreign application abandons, applicant should promptly notify the trademark examining attorney.  See TMEP §§1003.08, 1004.01(a).  In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable.  TMEP §§1003.08, 1004.01(a).

 

Requirement maintained and continued.  The following requirement is maintained and continued: 

 

            •  Amendment to Identification and Classification of Goods Required

 

See id.  This requirement will be made final once this application is removed from suspension, unless a new issue arises.  See TMEP §716.01.

 

AMENDMENT TO IDENTIFICATION AND CLASSIFICATION OF GOODS REQUIRED

 

The examining attorney has reviewed the amendments to the Identification and Classification of Goods and Services from applicant’s January 17, 2020 response, and notes the following issue:

 

The proposed amendment of “thickening agents for use in cooking food” in International Class 30 is not acceptable because it exceeds the scope of the identification in the U.S. application.  See 37 C.F.R. §§2.32(a)(6), 2.71(a); TMEP §§1012, 1402.06 et seq., 1402.07.  Applicant’s goods may be clarified or limited, but may not be expanded beyond those originally itemized in the U.S. application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the original identification in the U.S. application, and any previously accepted amendments, remain operative for purposes of future amendment.  See 37 C.F.R. §2.71(a); TMEP §1402.07(d).

 

In this case, the identification of goods of “thickening agents for use in cooking food”, by itself, was not contained in the original U.S. application.

 

However, the proposed amendment to the U.S. application identifies the following goods in International Class 30:  “thickening agents for use in cooking food.” 

 

This proposed amendment is beyond the scope of the original identification because it adds goods that were not originally contained in the U.S. application. 

 

Applicant may substitute the following wording, if accurate:

 

International Class 1:  Chemical additives for use in the manufacture of foods, beverages, food and beverage supplements, and dietary, nutritional, and energy supplements; diagnostic preparations, other than for medical or veterinary purposes; diagnostic kits other than for medical or veterinary purposes comprised of test strips for blood analysis

 

International Class 3:  Cosmetics; non-medicated skin care preparations

 

International Class 5:  Dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, edible gels, and chocolate bars, for medical use; dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; dietary, nutritional, and mineral supplements; dietary supplements for pets and livestock; preparations of vitamins; additives in the nature of dietary supplements for humans; additives in the nature of dietary supplements for animals; liquid dietary and nutritional supplements; chocolate based meal replacement drinks for weight loss purposes; dietary supplement drink mixes; Nutritional supplement meal replacement bars for boosting energy; nutritional supplement energy bars; powdered nutritional, dietary and mineral supplement drink mix; food for babies; chemical additives sold as a featured component ingredient of dietetic foods, namely, yogurt, pudding, fruit-based food bars, nut-based food bars, soy-based food bars, grain-based food bars, chocolate-based ready-to-eat food bars, cereal-based food bars, and sweetened gelatin snacks in the nature of edible gels adapted for medical purposes; chemical additives sold as a featured component ingredient of dietetic beverages, namely, smoothies, dairy-based beverages, yogurt-based beverages, fruit beverages, fruit juices, water, and nutritionally fortified beverages adapted for medical purposes; chemical additives sold as a featured component ingredient of dietary, nutritional, and mineral supplements; chemical additives sold as a featured component ingredient of dietary supplements for pets and livestock; chemical additives sold as a featured component ingredient of preparations of vitamins; chemical additives sold as a featured component ingredient of additives in the nature of dietary supplements for humans; chemical additives sold as a featured component ingredient of additives in the nature of dietary supplements for veterinary use; chemical additives sold as a featured component ingredient of liquid dietary and nutritional supplements; chemical additives sold as a featured component ingredient of chocolate based meal replacement drinks for weight loss purposes; chemical additives sold as a featured component ingredient of dietary supplement drink mixes; chemical additives as component ingredients of nutritional supplement meal replacement bars for boosting energy; chemical additives sold as a featured component ingredient of nutritional supplement energy bars; chemical additives sold as a featured component ingredient of powdered nutritional, dietary and mineral supplement drink mix; chemical additives sold as a featured component ingredient of food for babies; diagnostic preparations for medical purposes; diagnostic kits for medical purposes comprised of test strips for blood analysis; medicated cosmetics; medicated skin care preparations

 

International Class 29:  Milk-based products, namely, yogurt, yogurt-based beverages, cottage cheese; plain or flavored milk beverages with high milk content; milk beverages containing fruit; fermented plain or flavored milk; broths; unflavored and unsweetened gelatin mixes; and thickened milk; dairy-based and fruit-based food beverages containing fortified nutrients; chemical additives sold as a featured component ingredient of yogurt, yogurt-based beverages, cottage cheese, plain or flavored milk beverages with high milk content, milk beverages containing fruit, fermented plain or flavored milk, broths, unflavored and unsweetened gelatin mixes, milk shake mixes, and dairy-based and fruit-based food beverages containing fortified nutrients; milk shake mixes

 

International Class 30:  Cocoa; bread; chocolate; cocoa-based beverages; chocolate-based beverages; puffed rice; breakfast cereals; biscuits; wafers; waffles; cakes; pastries; cereal-based snack foods; ready to eat cereal derived food bars; grain-based food bars; bakery goods; flavored and sweetened gelatin desserts; dessert pudding and pudding mixes; cookies; chemical additives sold as a featured component ingredient of bread, cocoa-based beverages, chocolate-based beverages, puffed rice, breakfast cereals, biscuits, wafers, waffles, cakes, pastries, edible ices, ice creams, frozen yogurts, cereal-based snack foods, ready to eat cereal derived food bars, grain-based food bars, bakery goods, flavored and sweetened gelatin desserts, dessert pudding and pudding mixes, cookies, and thickening agents for use in cooking food

 

International Class 32:  Mineral and aerated waters; fruit drinks and fruit juices; non-alcoholic drinks, namely, smoothies; syrups for making beverages; preparations for making beverages, namely, fruit drinks; still or sparkling water; vegetable juices, vegetable drinks, lemonades; soft drinks, namely, sodas; syrups used in the preparation of soft drinks; isotonic drinks; sports drinks; thirst-quenching beverages, namely, soft drinks in liquid, powder and concentrate form; sports drinks, namely, energy drinks, performance drinks and recovery drinks; sports drinks enhanced with minerals and nutrients; powders and concentrates used in the preparation of sports drinks; energy drinks enhanced with minerals; chemical additives sold as a featured component ingredient of mineral and aerated waters, fruit drinks and fruit juices, non-alcoholic smoothies, syrups for making beverages, preparations for making fruit drinks, still or sparkling water, vegetable juices, vegetable drinks, lemonades, sodas, isotonic drinks, sports drinks, soft drinks in liquid, powder and concentrate form, energy drinks, performance drinks, recovery drinks, sports drinks enhanced with minerals and nutrients, powders and concentrates used in the preparation of sports drinks, energy drinks enhanced with minerals, and syrups used in the preparation of soft drinks

 

Suspension process.  The USPTO will periodically check this application to determine if it should remain suspended.  See TMEP §716.04.  As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension.  TMEP §716.05. 

 

No response required.  Applicant may file a response, but is not required to do so. 

 

 

Edward Germick

/Edward J. Germick/

Examing Attorney

Law Office 102

(571) 272-5862

edward.germick@uspto.gov

 

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on February 05, 2020 for

U.S. Trademark Application Serial No. 88570397

 

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. 

 

Edward Germick

/Edward J. Germick/

Examing Attorney

Law Office 102

(571) 272-5862

edward.germick@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.”