Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:  October 18, 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 Results

 

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).

 

However, applicant must respond to the requirement(s) set forth below.

 

Identification of Goods is Indefinite – Applies to Specific Goods in Classes 05 and 32 ONLY

 

The identification of goods contains multiple indefinite that must be clarified because said entries lack the requisite specificity as to the common commercial name of said goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend the identification to specify the common commercial or generic name of the goods.  See TMEP §1402.01.  If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses.  See id.

 

Class 05

 

The wording “nutritional bars” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in International Class 05 (e.g., “nutritional supplement energy bars”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  

 

The wording “protein powders” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in International Class 05 (e.g., “protein supplements in powdered form”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Class 32

 

The wording “herbal beverages” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods in International Class 32 (e.g., “herbal beverages in the nature of herbal juices”).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “vitamin beverages” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods and is broad enough to encompass goods properly classified in multiple international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  For example, said goods are broad enough to encompass goods in the nature of “dietary supplemental drinks in the nature of vitamin beverages” in International Class 05 and/or “sports drinks enhanced with vitamins” in International Class 32.

 

The wording “nutritional beverages” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods and is broad enough to encompass goods properly classified in multiple international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  For example, said goods are broad enough to encompass goods in the nature of “nutritionally fortified beverages for medical purposes” in International Class 05 and/or “beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements” in International Class 32

 

The wording “powedered mix” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods and indicates goods properly classified in multiple international classes. For example, said goods are broad enough to encompass goods in the nature of “powdered fruit-flavored dietary supplement drink mix” in International Class 05 and/or “non-alcoholic cocktail mixes in powdered form” in International Class 32.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “beverages” in the identification of goods is indefinite and must be clarified because it lacks the requisite specificity as to the common commercial name of said goods and indicates goods properly classified in multiple international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  For example, said wording is broad enough encompass goods in the nature of “dietetic beverages adapted for medical use” in International Class 05, and/or “non-alcoholic beverages, namely, carbonated beverages” in International Class 32 and/or “alcoholic beverages, except beer” in International Class 33.

 

Note: The examining attorney sets forth below, the suggested changes to the identification of goods in bold and italicized font.

 

Applicant may adopt the following wording, if accurate: 

 

“Dietary and nutritional supplements; nutritional supplement energy bars; protein supplements in powdered form; vitamins; dietary supplemental drinks in the nature of vitamin beverages; nutritionally fortified beverages for medical purposes; powdered fruit-flavored dietary supplement drink mix; dietetic beverages adapted for medical use; in International Class 05; and/or   

 

Soft drinks, herbal beverages in the nature of herbal juices, sports drinks enhanced with vitamins, beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements, non-alcoholic cocktail mixes in powdered form, non-alcoholic beverages, namely, carbonated beverages; sports drinks enhanced with vitamins; in International Class 32; and/or

 

Alcoholic beverages, except beer; in International Class 33.”

 

Scope of Goods and/or Services (Advisory)

 

Applicant’s goods and/or services 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.

 

Suggested Amendment of Identification Requires Amendment of Classification

 

If applicant adopts the suggested amendment of the goods, then applicant must amend the classification to International Classes 05, 32 and 33.  See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401.

 

Requirements for a Combined Application

The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)        List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)        Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods that are potentially classified in at least 3 classes; however, applicant submitted fees sufficient for only 2 classes.  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

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.

 

Furthermore, if applicant has an amendment that does not require the payment of a fee, submission of a specimen, response to a statutory refusal or declaration signature, applicant is encouraged to telephone the examining attorney to expedite the processing of the application.

 

 

 

 

 

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  

 

 

/Brian P. Callaghan/

Trademark Examining Attorney

Law Office 108

Phone: (571) 272-4906

Email: brian.callaghan@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on October 18, 2019 for

U.S. Trademark Application Serial No. 88607281

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Brian P. Callaghan/

Trademark Examining Attorney

Law Office 108

Phone: (571) 272-4906

Email: brian.callaghan@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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from October 18, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond.

 

 

 

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.”