To: | Plumrose USA, Inc. (kcollins@cp2law.com) |
Subject: | U.S. Trademark Application Serial No. 88602616 - OZO - 10151101-Ozo |
Sent: | October 10, 2019 02:38:37 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88602616
Mark: OZO
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Correspondence Address: 103 W. MOUNTAIN AVE., SUITE 200
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Applicant: Plumrose USA, Inc.
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Reference/Docket No. 10151101-Ozo
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: October 10, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. 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).
PLEASE NOTE: Applicant is encouraged to e-mail the trademark examining attorney to resolve the issues raised below at Bill.Dawe@uspto.gov. Upon receipt of the e-mail accepting the amendments set forth below, the examining attorney will prepare an examiner’s amendment, enter the amendments into the databases and approve the application for publication.
INFORMALITIES
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.
IDENTIFICATION OF GOODS
The wording “Vegetable-based meat substitute food products; prepared meals consisting primarily of meat substitutes; Meat, beef, pork, chicken, poultry, lamb, bison, seafood, fish food products; Fresh, frozen, prepared, unprepared, cooked or uncooked blended meat and vegetable protein food products.” in the identification of goods is indefinite and must be clarified because it does not put consumers on notice as to the precise nature of applicant’s goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Specifically, the wording “food products” is indefinite. Applicant must amend the identification to specify the common commercial or generic name of the goods. If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses.
Applicant may substitute the following wording, if accurate:
Class 29 - Vegetable-based meat substitute food products, namely, ___________ [specify these goods by their common commercial names; please note that “vegetable-based meat substitutes” is acceptable]; prepared meals consisting primarily of meat substitutes; vegetable-based snack foods; vegetable-based raw food bars; vegetable-based spreads; Textured vegetable protein for use as a meat extender; Meat, beef, pork, chicken, poultry, lamb, bison, seafood, fish food products, namely, ___________ [specify these goods by their common commercial names; please note that term “seafood” must be specified as “not live” – Class 29 or “live” – Class 31]; Prepared, fresh or frozen food kits composed of meat, beef, pork, chicken, poultry, lamb, bison, fish, seafood, and/or vegetables and also including sauces or seasonings, ready for cooking and assembly as a meal; Prepared or frozen meals consisting primarily of meat, soup, salad and/or vegetables; Fruit and vegetable salads; Fresh, frozen, prepared, unprepared, cooked or uncooked blended meat and vegetable protein food products, namely, ___________ [specify these goods by their common commercial names]
Please note: The text in italics, bold and/or underscored found in the proposed amended identification indicates either directions on how to make the identification sufficiently definite or are examples of appropriate amended language which replaced language currently in the identification.
In the identification of goods, applicant must use the common commercial or generic names for the goods, be as complete and specific as possible, and avoid the use of indefinite words and phrases. TMEP §1402.03(a); see 37 C.F.R. §2.32(a)(6). If applicant uses indefinite words such as “apparatus,” “components,” “devices,” “materials,” or “parts,” such wording must be followed by “namely,” and a list of each specific product identified by its common commercial or generic name. See TMEP §§1401.05(d), 1402.03(a).
Applicant’s goods may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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.
TRANSLATION
The following English translation is suggested:
The English translation of “OZO” in the mark is “___________” [specify the English translation, if any]. TMEP §809.03.
On the other hand, if the wording “OZO” does not have meaning in a foreign language, applicant must state the following:
The wording “OZO” has no meaning in a foreign language.
CLOSING
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
/William H. Dawe, III/
Examining Attorney
Law Office 108
(571) 272-9337 voice
(571) 273-9337 fax
Bill.Dawe@USPTO.GOV (not for fomal responses)
RESPONSE GUIDANCE