To: | Freshly Organic (Matt@simpliGood.Co) |
Subject: | U.S. Trademark Application Serial No. 88616883 - SIMPLI - N/A |
Sent: | December 17, 2019 10:58:13 AM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88616883
Mark: SIMPLI
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Correspondence Address:
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Applicant: Freshly Organic
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Reference/Docket No. N/A
Correspondence Email Address: |
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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 17, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues 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).
SUMMARY OF ISSUES
· Identification/Classification of Goods Requirement
· Clarification of Number of Classes to be Registered Requirement
· Multi-Class Application Advisory
IDENTIFICATION/CLASSIFICATION OF GOODS REQUIREMENT
The identification of goods contains indefinite wording that requires clarification, as outlined below.
Applicant must clarify the wording “olive oil” in the identification of goods in International Class 031 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods are. Further, this wording could identify goods in more than one international class. For example, “cosmetic olive oil for the face and body” is in International Class 003 and “olive oil for food” is in International Class 029.
Applicant must clarify the wording “olives” in the identification of goods in International Class 031 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods are. Further, this wording could identify goods in more than one international class. For example, “processed olives” are in International Class 029 and “unprocessed olives” are in International Class 031.
Applicant must clarify the wording “oregano” in the identification of goods in International Class 031 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods are. Further, this wording could identify goods in more than one international class. For example, “processed herbs” are in International Class 030 and “unprocessed herbs” are in International Class 031.
Applicant must clarify the wording “quinoa” in the identification of goods in International Class 031 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods are. Further, this wording could identify goods in more than one international class. For example, “processed quinoa” is in International Class 030 and “unprocessed quinoa” is in International Class 031.
Applicant should also note the additional necessary specifications included in the suggested identification below.
Applicant may adopt the following wording, if accurate (suggested edits in bold):
Class 003: Cosmetic olive oil for the face and body
Class 029: Olive oil for food; Processed olives
Class 030: Processed herbs in the nature of oregano; Processed quinoa
Class 031: Unprocessed olives; Unprocessed herbs in the nature of oregano; Unprocessed quinoa
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.
CLARIFICATION OF NUMBER OF CLASSES TO BE REGISTERED REQUIREMENT
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
MULTIPLE-CLASS APPLICATION ADVISORY
The application identifies goods and/or services 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 already paid (view the USPTO’s current fee schedule). The application identifies goods that could be classified in at least 4 classes; however, applicant submitted a fee sufficient for only 1 class. 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.
APPLICANT MAY WANT TO SEEK TRADEMARK COUNSEL ADVISORY
Because of the legal technicalities and strict deadlines involved in the USPTO application process, applicant may wish to hire a qualified U.S. attorney specializing in trademark matters to represent applicant in this process and provide legal advice. Although the undersigned trademark examining attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06.
RESPONSE GUIDELINES
How to respond. Click to file a response to this nonfinal Office action
/Fox, Lyal/
Lyal Fox
Examing Attorney
Law Office 113
571-270-7884
lyal.fox@uspto.gov
RESPONSE GUIDANCE