To: | Health-Ade LLC (tspeiss@buchalter.com) |
Subject: | U.S. Trademark Application Serial No. 88859451 - HEALTH ADE BOOCH POP - H3304-5024 |
Sent: | May 21, 2020 01:12:49 PM |
Sent As: | ecom120@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88859451
Mark: HEALTH ADE BOOCH POP
|
|
Correspondence Address: |
|
Applicant: Health-Ade LLC
|
|
Reference/Docket No. H3304-5024
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: May 21, 2020
INTRODUCTION
SEARCH OF USPTO DATABASE OF 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.
PRIOR-FILED APPLICATION(S) – 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 marks in the referenced applications. 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.
The attached evidence from allaboutthebooch.com and Wikipedia.com shows “booch” wording is an abbreviation or alternative word for “kombucha,” which is “a lightly sparkling beverage made by fermenting black or green tea and sugar with a culture of various bacteria and yeasts.” Thus, the wording merely describes applicant’s goods because the identified goods include kombucha. Also, the goods for “tea” and “tea based beverages” is broad that it presumably includes kombucha, which is a type of drink made with tea. See attached pages on “kombucha.”
The attached pages from the American Heritage Dictionary shows that “pop” refers to a drink; this is descriptive of applicant’s kombucha, tea, and tea-based beverages because applicant is providing a type of beverage or drink (or a drink consumed through the mouth). See attached definition of “drink.”
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “BOOCH POP” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
For the goods “Tea based beverages with fruit, vegetables, flowers, plants, herbs or spices,” please clarify that the tea beverages are “flavored” or “also contain” with fruit, vegetables, flowers, plants, herbs or spices, so it is not confused with goods in other classes (e.g., class 31 fresh fruits and vegetables; preserved fruits and vegetables in class 29; spices in class 30, etc.).
For the wording “Bottled tea beverages,” please clarify that the beverages are tea-based or beverages made of tea in class 30; otherwise, it may include goods in other classes (e.g., non-alcoholic beverages flavored with tea in class 32; alcoholic tea-based beverage in class 33).
Applicant may substitute the following wording, if accurate:
IC 30: Kombucha tea; Kombucha tea based beverages; Kombucha tea based beverages flavored with fruit, vegetables, flowers, plants, herbs or spices; Tea based beverages flavored with fruit, vegetables, flowers, plants, herbs or spices; Fermented tea based drinks; Dairy-free beverages containing live cultures, namely, tea based beverages; Tea based iced beverages; Bottled tea based beverages
Multiple-Class Application Advisory. Please note, if applicant includes additional classes in response to this requirement, applicant must also comply with the multiple-class application requirements provided herein.
ID Manual. 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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
If applicant includes additional classes in response to the requirement, above, applicant must also comply with the 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 fee(s) already paid (view the USPTO’s current fee schedule). 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.
/Jeane Yoo/
Examining Attorney
Law Office 120
(571) 272-5021
Jeane.Yoo@uspto.gov
RESPONSE GUIDANCE