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: May 18, 2020
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 RESULTS
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.
However, the applicant must address the following issues:
IDENTIFICATION OF GOODS
The identification of goods is indefinite, too broad, and must be clarified. As currently phrased, the wording does not make clear the nature of the goods, and it includes goods that are classified in multiple classes.
Applicant must amend this wording to specify and clarify the nature of the goods, and classify them accordingly. See 37 C.F.R. §2.32(a)(6); TMEP
§1402.01. Applicant may substitute the following wording, if accurate:
- Class 011: Outdoor cooking stations consisting of multi-purpose, electric and
gas countertop food preparation apparatus for cooking, baking, broiling, roasting, toasting, searing, browning, barbecuing and grilling food and storage shelves, cupboards and fitted covers for the
cooking stations sold as a unit; outdoor cooking stations composed primarily of [indicate primary components of stations, e.g., electric griddles, electric grills, gas
grills, charcoal grills] and fitted covers and bags specially adapted for holding or carrying components of outdoor electric and
gas cooking stations; portable cooking carts composed primarily of [indicate cooking element, e.g., electric griddles, electric grills] specially adapted for
outdoor cooking and storing outdoor cooking equipment and accessories
- Class 012: Non-motorized portable tableware carts specially adapted for
outdoor cooking and storing outdoor cooking equipment and accessories
- Class 016: Parchment paper
- Class 021: Outdoor cooking stations composed primarily of [indicate primary components of
stations, e.g., non-electric griddles] and fitted covers and bags specially adapted for holding or carrying components of outdoor non-electric cooking stations; portable cooking carts composed primarily of [indicate cooking element, e.g., non-electric
griddles, non-electric grills] specially adapted for outdoor cooking and storing outdoor cooking equipment and accessories; accessory tool kits for outdoor cooking stations comprised primarily of spatulas, plastic dispensers for [indicate use], grill scrapers and cook book; accessory tool kits for outdoor cooking stations
comprised primarily of basting brush, [indicate type or use, e.g., pot and pan] scrapers, tongs, spatula, spoons
and fork; accessory breakfast kits for outdoor cooking stations comprised primarily of pancake batter dispenser sold
empty, non-electric press, and egg rings; accessory cleaning kits for outdoor cooking stations comprised primarily of [indicate type or use,
e.g., pot and pan] scrapers and cleaning brick; accessory tool kits for outdoor cooking comprised primarily of knives, cutting board,
and spice shaker sold empty; outdoor cooking accessories for household use, namely,
including wind guards, spatulas, grill, pot and pan scrapers, forks, spoons, knives, knife sets, ladles, parchment
paper, squeeze bottles sold empty, basting brushes, cooking gloves, egg rings, pizza peels, non-electric [indicate type or use, e.g., grill,
tortilla] press, and cutting boards.
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.
MULTI-CLASS APPLICATION
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(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in
at least four classes; however, applicant submitted a fee(s) sufficient for only one 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class
Application webpage.
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.
How to respond. Click to file a response to this nonfinal Office action.
/Susan Stiglitz/
Trademark Examining Attorney
USPTO, Law Office 109
susan.stiglitz@uspto.gov
571-272-9285
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.