To: | Organix Brands Ltd. (ddonnelly@vonmaltitz.com) |
Subject: | U.S. Trademark Application Serial No. 88895119 - ORGANIX - 5701 |
Sent: | February 03, 2021 04:23:21 PM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88895119
Mark: ORGANIX
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Correspondence Address: VON MALTITZ, DERENBERG, KUNIN, JANSSEN & 60 EAST 42ND STREET SUITE 1948
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Applicant: Organix Brands Ltd.
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Reference/Docket No. 5701
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: February 03, 2021
This Office action is in response to applicant’s communication filed on 1/30/2021. The applicant amended the identification of goods, amended the description of the mark, disclaimed the exclusive right to “ORGANICS” apart from the mark as shown, and stated that its goods listed in the application do or will contain or consist of wholly or substantially organic ingredients. These amendments are acceptable except for the identification of goods.
IDENTIFICATION OF GOODS
In Class 5, the applicant has amended “complementary foods for babies” to “complementary foods for babies, namely, cereal-based baby foods, baby juices, fruit punches, baby desserts, and baby snacks.”
While nutritionally fortified food and beverages are classified in Class 5, the identification does not state that the “baby juices” and “fruit punches” are nutritionally fortified. This wording is indefinite and must be clarified, and potentially re-classified. Applicant should also amend “rice-based prepared meals” to “prepared meals consisting primarily of rice,” in Class 30. See TMEP §1402.01. Applicant may adopt the following identification, if accurate:
Baby food; nutritionally fortified food and beverages for infants; nutritionally fortified ___ (list, e.g., fruit, apple, orange, etc.) juice for babies, nutritionally fruit punch for babies; infant formula; baby milk formula; powdered milk for babies; complementary foods for babies, namely, cereal-based baby foods, baby desserts, and baby snacks; gluten-free baby food; all the foregoing being wholly or substantially organic; in Class 5
Preserved, frozen, dried and cooked fruits and vegetables; fruit and vegetable based snack foods and bars; fruit slices; fruit chips; vegetable chips; compotes; fruit and vegetable purée; prepared meat; preserved meat; processed meat; milk products containing fruit pulp and fruit aromas, namely, yogurt containing fruit; milk and milk products, excluding ice cream, ice milk and frozen yogurt; yogurt; all the foregoing being wholly or substantially organic; in Class 29 (No changes required.)
Cereal preparations, namely, ready-to-eat cereals, processed cereals, and cereal-based snack foods; breakfast cereals; muesli; cereal bars; rice; rice-, cereal- and corn-based snack foods; puffed corn snacks; crackers; prepared meals consisting primarily of rice; oatmeal; porridge; wafers, all the foregoing being wholly or substantially organic; in Class 30
_____ (list, e.g., fruit, vegetable, apple, orange, etc.) juice for babies; fruit punches for babies; Smoothies; all the foregoing being wholly or substantially organic; in Class 32
NOTE: Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See 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 at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
IF APPLICANT DOES NOT REPLY
If applicant does not respond to this Office action within the six-month period for response, the following goods in International Classes 5 and 30(es) will be deleted from the application:
Baby juices
Fruit punches
Rice-based prepared meals
The application will then proceed with the remaining goods in International Classes 5, 29, 30 and 32.
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
How to respond. Click to file a response to this nonfinal Office action.
/Esther A. Belenker/
Trademark Examining Attorney
Law Office 111
(571) 272-9125
Fax: (571) 273-9125
esther.belenker@uspto.gov
RESPONSE GUIDANCE