Notation to File

NOTE TO THE FILE

SERIAL NUMBER:            88941519

DATE:                                09/02/2020

NAME:                               sferrell

NOTE:         

Discussed file with
Attorney/Applicant via:
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    X   email                               Attorney/Applicant

From: Curt Handley, Esq. <curt@intuitlaw.com>
Sent: Wednesday, September 2, 2020 12:11 PM
To: Ferrell Jr., Steven <Steven.Ferrell@USPTO.GOV>
Subject: Re: USPTO Trademark Application: 88941519 CHANGE (Your Docket No. change)

 

Steven,

 

Hope you are well and safe!

 

Thanks for this amazingly detailed analysis!

 

This client is difficult to get ahold of and I would need formal documentation since substantive changes (and possibly extra fees) are required.

 

Can you please issue a PA to the effect of what you have below?  In the meantime, I shall ping my client to get the ball rolling.

 

Many thanks for your kind assistance!

 

Stay well!

Curt

 

From: Ferrell Jr., Steven

Sent: Wednesday, September 2, 2020 10:58 AM

To: curt@intuitlaw.com

Subject: USPTO Trademark Application: 88941519 CHANGE (Your Docket No. change)

 

Good Morning Curt Handley,

 

I am reviewing the above referenced application for your client, Change Foods, Inc.  In review of this application there is one issue that can be corrected without the need for an Office action.

 

Namely, we require an amended identification of the goods for the reasons discussed in the chart below:

 

Applicant's Class & ID	Reason for Amendment	Suggested Class & ID
INTERNATIONAL CLASS 29
Beef burgers (beef patties);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Beef burgers, namely, beef patties;
Meat products;	Overly broad and may include goods in multiple international classes.  For instance, this includes meat tenderizers for industrial purposes in International Class 1, freeze-dried meat adapted for medical purposes in International Class 5, prepared meat in International Class 29, and meat pies in International Class 30.  Applicant must further specify the nature of its goods and classify them accordingly.	Meat products, namely, ______ {specify particular meat products in International Class 29, e.g., prepared meat, processed meat, salted meat, taco meat, tinned meat, packaged meats, meat extracts, etc.};
Processed meat products;	Indefinite because applicant must further specify the types of products (e.g. kidneys, ham, turkey, lamb, veal, etc.}.	Processed meat products, namely, kidneys, ham, turkey, lamb, and veal;
Poultry products;	Overly broad and may include goods in multiple international classes.  For instance, this includes poultry cages of metal in International Class 6, blinders for poultry to prevent fighting in International Class 18, poultry troughs in International Class 21, fresh poultry, chicken, turkey, and duck in International Class 29, poultry pies in International Class 30, and foodstuffs for poultry in International Class 31.  Applicant must further specify the nature of its goods and classify them accordingly.	Poultry products, namely, fresh poultry, chicken, turkey, and duck;
Fish products;	Overly broad and may include goods in multiple international classes.  For instance, this includes fish meal fertilisers in International Class 1, fish oil for industrial purposes in International Class 4, fish meal for pharmaceutical purposes in International Class 5, fish tanks in International Class 21, canned fish, dried fish, fish burger patties, fish fillets, and frozen fish in International Class 29, fish sandwiches, fish sauce, and fish dumplings in International Class 30, and foodstuffs for fish in International Class 31.  Applicant must further specify the nature of its goods and classify them accordingly.	Fish products, namely, canned fish, dried fish, fish burger patties, fish fillets, and frozen fish;
Food products derived from fish;	Overly broad and may include goods in multiple international classes.  For instance, this includes boiled and dried fish, fish cakes, fish fillets, fish mousse, fish sausages, fish steak, fish stock, preserved fish, processed fish, and smoked fish in International Class 29 and fish sandwiches, fish sauce, and fish dumplings in International Class 30.  Applicant must further specify the nature of its goods and classify them accordingly.	Food products derived from fish, namely, boiled and dried fish, fish cakes, fish fillets, fish mousse, fish sausages, fish steak, fish stock, preserved fish, processed fish, and smoked fish;
Cooked dishes with vegetables (vegetables predominating);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.  Applicant must also further specify that the dishes are primarily of vegetables.	Cooked dishes consisting primarily of vegetables;
Burgers (meat patties);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Burgers, namely, meat patties;
Food preparations having a base of vegetables;	Indefinite because applicant must further specify the types of food preparations.	Food preparations having a base of vegetables, namely, prepared vegetable-based entrees;
Food preparations with a vegetable base;	Indefinite because applicant must further specify the types of food preparations.	Food preparations with a vegetable base, namely, frozen vegetable-based entrees;
Prepared vegetable products;	Overly broad and may include goods in multiple international classes.  For instance, this includes prepared vegetable-based entrees and vegetable soup preparations in International Class 29 and vegetal preparations for use as coffee substitutes in International Class 30.  Applicant must further specify the nature of its goods and classify them accordingly.	Prepared vegetable products, namely, prepared vegetable-based entrees;
Vegan foods consisting predominantly of vegetables;	Overly broad and may include goods in multiple international classes.  For instance, this includes prepared vegetable-based vegan entrees in International Class 29, vegetable concentrates used for seasoning in International Class 30, and fresh vegetables in International Class 31.  Applicant must further specify the nature of its goods and classify them accordingly.	Vegan foods consisting predominantly of vegetables, namely, prepared vegetable-based vegan entrees;
Vegetable based food preparations;	Indefinite because applicant must further specify the types of goods.	Vegetable based food preparations, namely, prepared dishes consisting primarily of vegetables;
Vegetable food products;	Overly broad and may include goods in multiple international classes.  For instance, this includes cooked, cut, frozen, and processed vegetables in International Class 29, vegetable concentrates used for seasoning in International Class 30, and fresh vegetables in International Class 31.  Applicant must further specify the nature of its goods and classify them accordingly.	Vegetable food products, namely, cooked, cut, frozen, and processed vegetables;
Vegetable pastes (puree);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Vegetable pastes in the nature of puree;
Meat burgers (meat patties);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Meat burgers, namely, meat patties;
Soya desserts;	Misclassified and indefinite.  Desserts are generally classified in International Class 30 and applicant must further specify the types of desserts.	International Class 30: Soya desserts, namely, soya-based ice cream substitutes
Soya protein;	Overly broad and may include goods in multiple international classes.  For instance, this includes soya proteins for the food industry in International Class 1, soya protein supplements in International Class 5, and formed textured soya protein for use as a meat substitute in International Class 29.  Applicant must further specify the nature of its goods and classify them accordingly.	International Class 1: Soya proteins for the food industry   International Class 5: Soya protein supplements   International Class 29: Formed textured soya protein for use as  a meat substitute;
Vegetable burgers (vegetable patties);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Vegetable burgers, namely, vegetable patties;
Prepared meals made of eggs (eggs predominating);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.  Applicant must also further specify that the dishes are primarily of eggs.	Prepared meals consisting primarily of eggs;
Hamburgers (meat patties);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Hamburgers, namely, uncooked meat patties;
Patties;	Indefinite because applicant must further specify the type or types of patties.	Patties, namely, beef patties, fish burger patties, soya patties, tofu patties, uncooked hamburger patties, and veggie burger patties;
Dairy desserts (except ice cream or frozen yoghurt);	Misclassified and indefinite because applicant must remove the parentheses, incorporate the parenthetical information, and further specify the type or types of desserts.  Desserts are generally classified in International Class 30.	Dairy desserts, except ice cream or frozen yoghurt, namely, dessert puddings and bakery desserts;
Fruit desserts;	Misclassified and indefinite.  Desserts are generally classified in International Class 30 and applicant must further specify the types of desserts.	Fruit desserts, namely, chocolate covered fruit, edible fruit ices, fruit cakes, fruit cobblers, fruit coulis, fruit ice creams, fruit pies, and pastries with fruit;
Milk desserts;	Misclassified and indefinite.  Desserts are generally classified in International Class 30 and applicant must further specify the types of desserts.	Milk desserts, namely, ice cream, chocolate-based beverages with milk, and ice milk;
Prepared desserts (fruit based);	Misclassified and indefinite because applicant must remove the parentheses, incorporate the parenthetical information, and further specify the type or types of desserts.  Desserts are generally classified in International Class 30.	Fruit based prepared desserts, namely, chocolate covered fruit, edible fruit ices, fruit cakes, fruit cobblers, fruit coulis, fruit ice creams, fruit pies, and pastries with fruit;
Prepared desserts (milk based);	Misclassified and indefinite because applicant must remove the parentheses, incorporate the parenthetical information, and further specify the type or types of desserts.  Desserts are generally classified in International Class 30.	Milk based prepared desserts, namely, ice cream, chocolate-based beverages with milk, and ice milk;
Prepared salads;	Overly broad and may include goods in multiple international classes.  For instance, this includes prepared fruit salads, prepared vegetable salads, prepared garden salads, and prepared salads, except macaroni, rice, and pasta salads in International Class 29 and prepared macaroni, pasta, and rice salads in International Class 30.  Applicant must further specify the nature of its goods and classify them accordingly.	Prepared salads, except macaroni, rice, and pasta salads;
INTERNATIONAL CLASS 30
Meat substitutes prepared from cereals;	Misclassified.  Meat substitutes are classified in International Class 29.	International Class 29: Meat substitutes prepared from cereals
Chutneys (condiments);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Chutneys being condiments;
Condiments;	Indefinite because applicant must further specify the type or types of condiments.	Condiments, namely, ______ {specify specific types of condiments, e.g., oyster sauce, pepper sauce, savory sauces used as condiments, pimiento used as a condiment, ketchup, mustard, mayonnaise, etc.};
Dry condiments;	Indefinite because applicant must further specify the type or types of condiments.	Dry condiments, namely, seasonings;
Relishes (condiments);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Relishes being condiments;
Sauces (condiments);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Sauces being condiments;
Cereals products in bar form;	Indefinite because applicant must further specify the types of goods.	Cereals products in bar form, namely, cereal bars;
Food products consisting of cereals;	Overly broad and may include goods in multiple international classes.  For instance, this includes breakfast cereals, cereal bars, and processed cereals in International Class 30 and unprocessed cereals in International Class 31.  Applicant must further specify the nature of its goods and classify them accordingly.	Food products consisting of cereals, namely, breakfast cereals, cereal-based snack foods, and processed cereals;
Non-dairy frozen dessert products;	Indefinite because applicant must further specify the types of goods.	Non-dairy frozen dessert products, namely, non-dairy frozen confections;
Vegetable pulps (sauces);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Vegetable pulps in the nature of sauces;
Flavoured topping for desserts;	Overly broad and may include goods in multiple international classes.  For instance, this includes fruit toppings, nut toppings, and whipped toppings in International Class 29 and caramel topping for ice cream, chocolate toppings, marshmallow toppings, and topping syrups in International Class 30.  Applicant must further specify the nature of its goods and classify them accordingly.	International Class 29: Flavoured topping for desserts, namely, fruit toppings, nut toppings, and whipped toppings   International Class 30: Flavoured topping for desserts, namely, caramel topping for ice cream, chocolate toppings, marshmallow toppings, and topping syrups;
Frozen desserts;	Indefinite because applicant must further specify the types of goods.	Frozen desserts, namely, frozen confections;
Vegetable pastes (sauces);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Vegetable pastes in the nature of sauces;
Vegetable purees (sauces);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Vegetable purees in the nature of sauces;
Soya bean paste (condiment);	Indefinite because applicant must remove the parentheses and incorporate the parenthetical information.	Soya bean paste being a condiment;

 

Specifically, the suggested identification would read, with suggested changes underlined:

 

International Class 1:          Soya proteins for the food industry

 

International Class 5:          Soya protein supplements

 

International Class 29:        Beef burgers, namely, beef patties; Meat extracts; Meat products, namely, ______ {specify particular meat products in International Class 29, e.g., prepared meat, processed meat, salted meat, taco meat, tinned meat, packaged meats, meat extracts, etc.}; Prepared meat; Processed meat products, namely, kidneys, ham, turkey, lamb, and veal; Sausage meat; Vegetable based meat substitutes; Poultry products, namely, fresh poultry, chicken, turkey, and duck; Fish products, namely, canned fish, dried fish, fish burger patties, fish fillets, and frozen fish; Food products derived from fish, namely, boiled and dried fish, fish cakes, fish fillets, fish mousse, fish sausages, fish steak, fish stock, preserved fish, processed fish, and smoked fish; Cooked dishes consisting primarily of vegetables; Burgers, namely, meat patties; Cooked meals consisting principally of vegetables; Food preparations having a base of vegetables, namely, prepared vegetable-based entrees; Food preparations with a vegetable base, namely, frozen vegetable-based entrees; Prepared snacks made from cooked vegetables; Prepared vegetable products, namely, prepared vegetable-based entrees; Preserves made from vegetables; Vegan foods consisting predominantly of vegetables, namely, prepared vegetable-based vegan entrees; Vegetable based food preparations, namely, prepared dishes consisting primarily of vegetables; Vegetable food products, namely, cooked, cut, frozen, and processed vegetables; Vegetable pastes in the nature of puree; Meat burgers, namely, meat patties; Vegetable stock; Soya based dairy substitutes; Soya cream; Soya milk; Formed textured soya protein for use as  a meat substitute; Soya yoghurt; Imitation cheese;  Imitation cream; Imitation dairy spreads; Vegetable burgers, namely, vegetable patties; Imitation milk; Imitation whipped cream; Vegetarian sausages; Eggs; Powdered eggs; Prepared meals consisting primarily of eggs; Pickles; Jams; Hamburgers, namely, uncooked meat patties; Jellies; Fruit chips; Potato chips; Non-dairy butter; Non-dairy cheese; Non-dairy cream; Non-dairy creamers; Non-dairy whiteners for beverages; Non-dairy yoghurt; Cheese; Patties, namely, beef patties, fish burger patties, soya patties, tofu patties, uncooked hamburger patties, and veggie burger patties; Dairy desserts, except ice cream or frozen yoghurt, namely, dessert puddings and bakery desserts; Fruit desserts, namely, chocolate covered fruit, edible fruit ices, fruit cakes, fruit cobblers, fruit coulis, fruit ice creams, fruit pies, and pastries with fruit; Milk desserts, namely, ice cream, chocolate-based beverages with milk, and ice milk; Fruit based prepared desserts, namely, chocolate covered fruit, edible fruit ices, fruit cakes, fruit cobblers, fruit coulis, fruit ice creams, fruit pies, and pastries with fruit; Milk based prepared desserts, namely, ice cream, chocolate-based beverages with milk, and ice milk; Prepared salads, except macaroni, rice, and pasta salads; Vegetable salads; Soya patties; Tofu patties; Meat; Meat substitutes prepared from cereals; Flavoured topping for desserts, namely, fruit toppings, nut toppings, and whipped toppings

 

International Class 30:        Mayonnaise; Imitation custard; Imitation ice cream; Chutneys being condiments; Condiments, namely, ______ {specify specific types of condiments, e.g., oyster sauce, pepper sauce, savory sauces used as condiments, pimiento used as a condiment, ketchup, mustard, mayonnaise, etc.}; Dry condiments, namely, seasonings; Relishes being condiments; Sauces being condiments; Beverages made from cereals; Tomato and vegetable based sauces; Cereals products in bar form, namely, cereal bars; Food products consisting of cereals, namely, breakfast cereals, cereal-based snack foods, and processed cereals; Non-dairy frozen dessert products, namely, non-dairy frozen confections; Non-dairy ice cream; Spices; Mustard; Vegetable pulps in the nature of sauces; Vegetable based coffee substitutes; Flavoured topping for desserts, namely, caramel topping for ice cream, chocolate toppings, marshmallow toppings, and topping syrups; Frozen desserts, namely, frozen confections; Dressings for salad; Biscuits; Vegetable pastes in the nature of sauces; Bread; Vegetable purees in the nature of sauces; Snack food products made from soya flour; Soya based ice cream products; Soya bean paste being a condiment; Imitation mayonnaise; Soya desserts, namely, soya-based ice cream substitutes

 

Please fill in the couple of blanks and let me know if you would approve of my amending the identification accordingly.    Please note that if applicant wishes to add one or more additional classes to the application, an additional fee of $275.00 per added class will be necessary.  In that case, I will make any approved changes and issue a Priority action requiring payment of the fee(s).  Any added class will remain inactive until the fee(s) is/are paid, unless applicant specifies otherwise.   Alternatively, if you or applicant has a deposit account with the USPTO, you can provide that account number and authorize the charges against that account.

 

Please respond no later than 2 PM EST on Friday, September 4, 2020.

 

If you have any questions, comments, or concerns please feel free to call or e-mail me using the information provided in my signature block below. Thank you.

 

Respectfully,

 

/Steven W. Ferrell Jr./

Trademark Examining Attorney

Law Office 121

Phone: (571)270-3424

E-mail: steven.ferrell@uspto.gov

 

For information about contacting the USPTO with complaints, compliments, or other feedback for the Trademark Organization, please visit http://www.gov.uspto.report/trademark/contact-trademarks/trademark-user-feedback.

 

Notice to applicants and attorneys:  relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04-.05.