To: | Miyamoto, LLC (ipprosecution@orrick.com) |
Subject: | U.S. Trademark Application Serial No. 88827037 - JAUNT - 45366.1 |
Sent: | May 29, 2020 07:15:09 PM |
Sent As: | ecom102@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. 88827037
Mark: JAUNT
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Correspondence Address:
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Applicant: Miyamoto, LLC
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Reference/Docket No. 45366.1
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: May 29, 2020
NO LIKELIHOOD OF CONFUSION WITH PRIOR REGISTERED MARKS
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, a mark in a prior-filed pending application may present a bar to registration of applicant’s mark.
Please see below for details.
REQUIREMENTS
REQUIREMENT THAT APPLICANT AMEND THE IDENTIFICATION OF GOODS
“The purpose of the identification of goods [and/or services] is to provide the general population, including consumers and members of the relevant industry, with an understandable description of the goods and services, which is done by using the common commercial name for the goods [and/or services].” In re Gulf Coast Nutritionals, Inc., 106 USPQ2d 1243, 1247 (TTAB 2013) (citing In re Sones, 590 F.3d 1282, 1289, 93 USPQ2d 1118, 1124 (Fed. Cir. 2009)). If there is no common, ordinary name for the goods and/or services, applicant should describe the goods and/or services using wording that would be generally understood by the average person. See Schenley Indus., Inc. v. Battistoni, 112 USPQ 485, 486 (Comm’r Pats. 1957); Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954); TMEP §1402.01.
An in depth knowledge of the relevant field should not be necessary for understanding a description of the goods and/or services. TMEP §1402.01. “[T]echnical, high-sounding verbiage” should be avoided. Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ at 322.
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).
The applicant has applied to register the mark for:
IC 5: Dietary supplement drink mixes; herbal products, namely, herbal supplements in the form of powders for nutritional purposes; nutritional dietary supplements; oral preparations, namely, nutritional supplements containing herbs or herbal extracts used to maintain health and for a wide variety of physical conditions; food supplements; dietary and nutritional supplements containing mushroom in powdered form; nutritional supplements; mineral-based preparations for medical purposes; meal replacement shakes, beverages, snacks and bars; nutritional and dietary supplements; health food supplements, namely, mushroom powders; Nutritional supplements consisting primarily of mushroom or mushroom extract; Dietary supplements in the form of powder; Dietary supplements in the form of tea; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary food supplements; Fungal extracts sold as a component ingredient of nutritional supplements and vitamins; Health food supplements; Herbal supplements; Herbal supplements for health and wellness; Dietary supplements containing mushrooms
Applicant may adopt the following wording, if accurate:
IC 5: Dietary supplement drink mixes; herbal products, namely, herbal supplements in the form of powders for nutritional purposes; nutritional dietary supplements; oral preparations, namely, nutritional supplements containing herbs or herbal extracts used to maintain health and for a wide variety of physical conditions; food supplements; dietary and nutritional supplements containing mushroom in powdered form; nutritional supplements; mineral-based preparations for medical purposes; meal replacement shakes, beverages, snacks and bars adapted for medical use; nutritional and dietary supplements; health food supplements, namely, mushroom powders; Nutritional supplements consisting primarily of mushroom or mushroom extracts; Dietary supplements in the form of powder; Dietary supplements in the form of tea; Dietary beverage supplements for human consumption in liquid and dry mix form for therapeutic purposes; Dietary food supplements; Fungal extracts sold as a component part of nutritional supplements and vitamins; Health food supplements; Herbal supplements; Herbal supplements for health and wellness; Dietary supplements containing mushrooms; [clarify “meal replacement shakes, beverages, snacks and bars”, e.g., chocolate based meal replacement shakes for weight loss purposes, nutritional supplemental meal replacement bars for boosting energy, etc.]
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.
SECTION 2(d) ADVISORY
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
GENERAL RESPONSE GUIDELINES
How to respond. Click to file a response to this nonfinal Office action.
/Nancy L. Clarke/
Examining Attorney
Law Office 102
Tel. (571) 272-9253
E-mail: nancy.clarke@uspto.gov
ADDITIONAL RESPONSE GUIDANCE