To: | The Farm Works Technologies, LLC (ccampbell@duanemorris.com) |
Subject: | U.S. Trademark Application Serial No. 88623472 - THE FARM WORKS - G7734-00009 |
Sent: | December 26, 2019 04:34:27 PM |
Sent As: | ecom121@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. 88623472
Mark: THE FARM WORKS
|
|
Correspondence Address:
|
|
Applicant: The Farm Works Technologies, LLC
|
|
Reference/Docket No. G7734-00009
Correspondence Email Address: |
|
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 26, 2019
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).
Certain wording in the identification of services is indefinite and overly broad, and therefore could include a wide array of services, including services found in other international classes, as indicated below. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. More specifically, the wording “fresh produce” could refer to goods ranging from fresh truffles to fresh pomegranates or fresh soursops in Class 031 or goods in other classes like “Fresh fruits cut into flower shapes and at least partially coated with chocolate” in Class 030 and/or “Fresh packaged fruit chunks of cantaloupe, pineapple, watermelon” in Class 029. As such, applicant must specify the particular produce goods provided for an accurate identification and classification of goods.
Additionally, the wording “distribution of produce” is indefinite since it could potentially refer to distributorship services in Class 035 or distribution services in the nature of delivery and/or transport services in Class 039. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Generally, “distribution” refers to delivery-type transportation services in International Class 39 rather than retail-related services in International Class 35. SeeTMEP §§1401.02(a), 1402.01, 1402.03.
If applicant is engaged in retail-related services, then “distribution” should be amended to “distributorship services in the field of {indicate field, e.g., clothing, auto parts, etc.}” in International Class 35, if accurate. However, if applicant is engaged in delivery-type transportation services, the word “distribution” should be amended to “distribution services, namely, delivery of {indicate field or type of goods, e.g., clothing, auto parts, etc.}” in International Class 39, if accurate.
Turning to Class 042, the wording “Consultation and design services in the fields of agriculture, farming, and hydroponic systems” is overly broad since “Scientific research consulting in the field of agricultural irrigation” is classified in Class 042 and/or “horticulture consulting services” are classified in Class 044. As such, applicant must clarify the particular types of consultation and design services for an accurate identification and classification of services.
Applicant may substitute the following wording, if accurate:
(Add Class) International Class 029
Fresh produce in the nature of packaged fruit chunks of cantaloupe, pineapple, watermelon
(Add Class) International Class 030
Fresh produce in the nature of fruits cut into flower shapes and at least partially coated with chocolate
International Class 031
Fresh produce, namely, fresh vegetables and fresh fruit
(Add Class) International Class 035
Wholesale distributorship services featuring produce
International Class 039
Packaging and distribution in the nature of transportation of produce
International Class 042
Scientific research consulting in the field of agricultural irrigation and agricultural fertilization, namely, consultation and design services in the fields of agriculture, farming, and hydroponic systems
International Class 044
Agricultural services, namely, planting and growing produce; horticulture consulting services for {indicate intended users or purpose, e.g., commercial rooftop soil farms, the commercial farming industry, etc.} in the fields of agriculture, farming, and hydroponic systems
See TMEP §1402.01.
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.
Applicant should note the multiple-class application requirements provided below.
II. MULTIPLE-CLASS APPLICATION REQUIREMENTS
(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 fees already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least five classes; however, applicant submitted fees sufficient for only four 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.
Applicant should note the additional requirement stated below.
Applicant must provide a disclaimer of the unregistrable part of the applied-for mark even though the mark as a whole appears to be registrable. See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a). A disclaimer of an unregistrable part of a mark will not affect the mark’s appearance. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 979-80, 144 USPQ 433, 433 (C.C.P.A. 1965).
In this case, applicant must disclaim the wording “FARM” because it is not inherently distinctive. These unregistrable term is at best merely descriptive of a characteristic and feature of applicant’s services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The attached evidence from the Merriam-Webster, American Heritage, and Oxford dictionary shows the wording “FARM” refers to “a tract of land devoted to agricultural purposes. Therefore, this wording merely describes a characteristic and feature of applicant’s services which entail the packaging, distribution, and growing of cultivated on a tract of land for the purpose of agricultural production. As such, in the context of the applicant’s services, the term “FARM” merely indicates that the applicant’s services entail the packaging, distribution, and growing services of farm produce.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “FARM” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
Applicant should note the response guidelines provided below.
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.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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.
/Amer Raja/
Amer Raja
Examining Attorney
Law Office 121
(571) 270 5936
amer.raja@uspto.gov
RESPONSE GUIDANCE