To: | Theo Chocolate Inc. (ekarp@cairncross.com) |
Subject: | U.S. Trademark Application Serial No. 88580594 - THEO - N/A |
Sent: | November 15, 2019 05:12:09 PM |
Sent As: | ecom123@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88580594
Mark: THEO
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Correspondence Address:
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Applicant: Theo Chocolate Inc.
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Reference/Docket No. N/A
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: November 15, 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).
IDENTIFICATION OF GOODS REQUIREMENT
The identification of goods is unacceptable and must be clarified because the wording used to describe several of the goods is unclear and does not adequately specify the nature, type, and/or common commercial name of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Identifications of goods and/or services should generally be comprised of generic everyday wording for the goods and/or services, and exclude proprietary or potentially-proprietary wording. See TMEP §§1402.01, 1402.09. A registered mark indicates origin in one particular party and so may not be used to identify goods or services that originate in a party other than that registrant. TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1).
The examining attorney has provided a recommendation of an acceptable identification of goods below. The wording that has been bolded indicates the examining attorney’s recommendation which makes applicant’s initial wording acceptable. Applicant may amend the identification to the following wording, if accurate:
“Chocolate; chocolate bars; drinking chocolate, namely, {specify nature of goods, e.g., chocolate based beverages}; cocoa
nibs, namely, {specify nature of goods, e.g., chocolate covered candies}; chocolate covered fruit, chocolate covered nuts, chocolate covered
caramels; molded chocolate, both filled and hollow; chocolate candy, chocolate truffles, baking chocolate bars, and chocolate {delete
third party’s registered mark from the identification, i.e., bites, and replace with generic wording, e.g., candies}.”
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
REMOVE ® SYMBOL FROM DRAWING REQUIREMENT
Applicant must submit a new drawing with the ® symbol deleted from the drawing of the mark; this symbol is not part of the mark and is not registrable. See 37 C.F.R. §2.72; TMEP §807.14(a). Although applicant must delete this matter, applicant may not make any other changes or amendments that would materially alter the drawing of the mark. See 37 C.F.R. §2.72; TMEP §§807.14 et seq. For more information about deleting matter from the drawing, see the Drawing webpage.
DESCRIPTION OF MARK REQUIREMENT
The following description is suggested, if accurate: The mark consists of the wording “THEO” in stylized font with a cocoa pod representing the letter "O" in the term. The cocoa pod is attached to a branch which extends to cross the letter "T" in the term "THEO". To the right of the term "THEO" is a brush stroke of paint, on top of which is superimposed two partial pieces of chocolate candy with the wording “THEO” and coffee beans, chocolate covered nuts, and dried pieces of fruit.
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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
/Dean A. Hopkins II/
Examining Attorney
Law Office 123
(571) 272-5472
dean.hopkins@uspto.gov
RESPONSE GUIDANCE