To: | Edible IP, LLC (trademarks@troutman.com) |
Subject: | U.S. Trademark Application Serial No. 88605402 - EDIBLE.COM - 254971.346 |
Sent: | December 09, 2019 12:38:41 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88605402
Mark: EDIBLE.COM
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Correspondence Address: |
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Applicant: Edible IP, LLC
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Reference/Docket No. 254971.346
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION NONFINAL OFFICE ACTION
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: December 09, 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.
Applicant must address issues shown below. On December 9, 2019, the examining attorney and Courtney Thornton discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
Identification of Goods and Services
The identification of goods and services is indefinite and must be clarified as outlined. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may adopt the following identification, if accurate:
Class 30: Gummy candies; cookie dough for human consumption<or specify as edible> not intended for baking; chewing gum; candy mints; pretzels; coffee and coffee beans; tea; flavor enhancers used in food and beverage products; flour; granola-based snack bars
NOTE: Essential Oils can be used for preparation and flavoring and are a class 03 good that would required the addition of a new class.
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.
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
Claim of Acquired Distinctiveness in Part
Based on the prior registrations below, applicant claims acquired distinctiveness in part as to the word EDIBLE.
Claim of Prior Registrations
Applicant claims ownership of Prior Registrations 4319940, 5513739, 5614310, and others.
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.
If the applicant has any questions or needs assistance regarding this action, please telephone the assigned examining attorney.
/FrankLattuca/
Frank Lattuca
Examiing Attorney
Law Office 109
(571) 270-1518
Frank.Lattuca@uspto.gov
RESPONSE GUIDANCE