To: | Change Foods, Inc. (curt@intuitlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88941519 - CHANGE - change |
Sent: | September 02, 2020 12:44:48 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88941519
Mark: CHANGE
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Correspondence Address: |
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Applicant: Change Foods, Inc.
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Reference/Docket No. change
Correspondence Email Address: |
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PRIORITY ACTION
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: September 02, 2020
USPTO database searched; no conflicting marks found. 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.
Applicant must address issues shown below. On September 2, 2020, the examining attorney and applicant’s attorney, Curt Handley, discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
AMENDMENT TO IDENTIFICATION OF GOODS REQUIRED
Select entries from applicant’s identification of goods are indefinite and must be clarified. Applicant must amend the identification to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods and services have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id. Furthermore, select entries from the applicant’s identification of goods need clarification because they are too broad and could include goods and services classified in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
Also, applicant has misclassified select entries in its identification of goods. Therefore, applicant may respond by (1) adding the suggested International Class to the application and reclassifying the specified goods in the proper international class, (2) deleting the specified goods from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified goods in the proper international class. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.
Therefore, applicant must remove the parentheses from the identification and incorporate any parenthetical information into the description of the goods.
The chart below identifies applicant’s indefinite and broad identification entries, the rationale explaining why the entries are indefinite or broad, and suggested definite and clear wording which applicant may adopt. Additionally, the chart identifies the entries that are misclassified. Finally, the chart also identifies applicant’s entries that contain parentheticals and suggested wording which applicant may adopt. Suggested changes are displayed as underlined wording and punctuation. A blank underline ( ______ ) indicates an area applicant must fill-in following the requirements in the curly-brackets to the right of the blank underline. Applicant may substitute the wording contained within the table for each indefinite and broad entry, if accurate.
Applicant's Class & ID |
Reason for Amendment |
Suggested Class & ID |
INTERNATIONAL CLASS 29 |
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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 |
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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; |
Applicant may adopt the following complete identification of goods and services, if accurate, with 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
For assistance with identifying and classifying goods 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
(1) List the goods 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 fees already paid (view the USPTO’s current fee schedule). The application identifies goods that are classified in at least 4 classes; however, applicant submitted fees sufficient for only 2 classes. 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.
The fee for adding classes to a TEAS Standard application is $275 per class. See 37 C.F.R. §2.6(a)(1)(iii). For more information about adding classes to an application, see the Multiple-class Application webpage.
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
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Steven W. Ferrell Jr./
Examining Attorney
Law Office 121
(571) 270-3424
steven.ferrell@uspto.gov
RESPONSE GUIDANCE