To: | DELTA SA INDUSTRIAL AND COMMERCIAL COMPA ETC. (adrienne@wrb-ip.com) |
Subject: | U.S. Trademark Application Serial No. 90019879 - DELTA - 000461-011 |
Sent: | September 30, 2020 09:57:42 PM |
Sent As: | ecom104@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90019879
Mark: DELTA
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Correspondence Address:
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Applicant: DELTA SA INDUSTRIAL AND COMMERCIAL COMPA ETC.
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Reference/Docket No. 000461-011
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: September 30, 2020
SEARCH OF USPTO DATABASE OF MARKS
AMENDED IDENTIFICATION OF GOODS REQUIRED–CLASSES 29, 30 AND 32
As set forth more fully below, portions of the identification of goods are unacceptable as indefinite. 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.
International Class 29
International Class 30
Applicant has classified “DRY NUTS SLURRIES” in International Class 30; however, if these goods are in the nature of pastes or butters, like peanut paste or peanut butter the proper classification is International Class 29. Therefore, applicant may respond by (1) reclassifying and more specifically identifying these goods in International Class 29, or (2) deleting “dry nut slurries” from the application. 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.
International Class 32
The wording as indicated by suggestions in bolded type below in the identification of goods in International Class 32 is indefinite and must be clarified to specify and more clearly identify the nature of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant has classified “DAIRY BASED TEA AND ICED TEA; DAIRY BASED TEA AND ICED TEA WITH JUICE; DAIRY BASED CARBONATED TEA AND ICED TEA; DAIRY BASED CARBONATED TEA AND ICED TEA WITH JUICE” and “VEGETABLE-BASED FOOD BEVERAGES; VEGETABLE-BASED BEVERAGES CONTAINING FRUIT; VEGETABLE-BASED FRUIT FLAVORED BEVERAGES; VEGETABLE-BASED COFFEE FLAVORED DAIRY BEVERAGES; NON-ALCOHOLIC DAIRY BEVERAGES FLAVORED WITH COFFEE” in International Class 32; however, dairy-based beverages and vegetable-based food beverages are properly classified in International Class 29. Therefore, applicant may respond by (1) reclassifying and more specifically identifying these goods in International Class 29, or (2) deleting “DAIRY BASED TEA AND ICED TEA; DAIRY BASED TEA AND ICED TEA WITH JUICE; DAIRY BASED CARBONATED TEA AND ICED TEA; DAIRY BASED CARBONATED TEA AND ICED TEA WITH JUICE” and “VEGETABLE-BASED FOOD BEVERAGES; VEGETABLE-BASED BEVERAGES CONTAINING FRUIT; VEGETABLE-BASED FRUIT FLAVORED BEVERAGES; VEGETABLE-BASED COFFEE FLAVORED DAIRY BEVERAGES; NON-ALCOHOLIC DAIRY BEVERAGES FLAVORED WITH COFFEE” from the application. 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.
Applicant may adopt the following identification of goods in International Classes 29, 30 and 32, if accurate:
International Class 29: DRIED AND COOKED FRUITS AND VEGETABLES; FROZEN FRUITS AND VEGETABLES; JELLIES, JAMS AND COMPOTES; EGGS; MILK; DAIRY PRODUCTS, NAMELY, MILK, CHOCOLATE MILK, CHOCOLATE MILK WITH COFFEE AND OR CAFFEINE, FLAVORED MILK, FLAVORED MILK, WITH COFFEE AND OR CAFFEINE, PLAIN OR FLAVORED MILK, FORTIFIED WITH VITAMINS AND OR MINERALS AND OR PROTEINS AND OR OTHER NUTRITIONAL SUPPLEMENTS AND OR CAFFEINE, PLAIN OR FLAVORED MILK; DRY WHEY; WHEY BARS; PLAIN OR FLAVORED YOGURT AND YOGURT WITH FRUITS AND OR FLAVORS, PLAIN OR FLAVORED DRINKABLE YOGURT AND YOGURT WITH FRUITS AND OR FLAVORS, KEFIR; DAIRY-BASED BEVERAGES, NAMELY, AYRAN, LASSI, AND LABAN; CREAM, BUTTER; PLANT BASED NON -DAIRY PRODUCTS, PLANT BASED NON - DAIRY BEVERAGES, NAMELY, PLANT BASED MILK, CHOCOLATE PLANT BASED MILK, CHOCOLATE PLANT BASED MILK, WITH COFFEE AND OR CAFFEINE, FLAVORED PLANT BASED MILK, FLAVORED PLANT BASED MILK, WITH COFFEE AND OR CAFFEINE, PLAIN OR FLAVORED PLANT BASED MILK, FORTIFIED WITH VITAMINS AND OR MINERALS AND OR PROTEINS AND OR OTHER NUTRITIONAL SUPPLEMENTS AND OR CAFFEINE; GROUND PEANUT POWDER; NUT-BASED FOOD BARS; PLAIN OR FLAVORED PLANT BASED CREAMERS, PLAIN OR FLAVORED PLANT BASED YOGURT AND YOGURT WITH FRUITS AND OR FLAVORS, PLAIN OR FLAVORED DRINKABLE PLANT BASED YOGURT AND YOGURT WITH FRUITS AND OR FLAVORS, PLANT BASED CREAM, PLANT BASED BUTTER; [delete “PLANT BASED NON DAIRY FOOD BEVERAGES, PLANT BASED BEVERAGES, CHOCOLATE PLANT BASED BEVERAGES, FLAVORED PLANT BASED BEVERAGES, PLAIN OR FLAVORED PLANT BASED BEVERAGES, FORTIFIED WITH VITAMINS AND OR MINERALS AND OR PROTEINS AND OR OTHER NUTRITIONAL SUPPLEMENTS, ENERGY DRINKS FORTIFIED WITH VITAMINS AND OR MINERALS AND OR PROTEINS AND OR OTHER NUTRITIONAL SUPPLEMENTS AND OR CAFFEINE, RECOVERY DRINKS FORTIFIED WITH VITAMINS AND OR MINERALS AND OR PROTEINS AND OR OTHER NUTRITIONAL SUPPLEMENTS AND OR CAFFEINE”]; YOGURTS; DAIRY CREAMS; MILK BEVERAGES, MILK PREDOMINATING; MILK USED AS A COFFEE CREAMER; CHEESE; CHEESE FOOD; BUTTER; FRUIT AND VEGETABLE PULP; SOUPS; EDIBLE OILS AND FATS; FROZEN MEALS CONSISTING PRIMARILY OF MEAT, FISH, POULTRY OR VEGETABLES; FORMED TEXTURED VEGETABLE PROTEIN FOR USE AS A MEAT SUBSTITUTE; VEGETABLE-BASED FOOD BEVERAGES; VEGETABLE-BASED DIPS AND SPREADS; VEGETABLE BASED CHOCOLATE MILK; NON-DAIRY CREAMERS; VEGETABLE BASED YOGURT AND YOGURT DRINKS; VEGETABLE-BASED YOGURT WITH FRUIT; CHEESE SUBSTITUTES AND VEGETABLE-BASED CHEESE; CHEESE POWDER; VEGETABLE-BASED CHEESE SPREADS; VEGETABLE-BASED CREAM CHEESE; VEGETABLE-BASED NON-DAIRY CREAM FRAICHE; VEGETABLE-BASED NON-DAIRY WHIPPED CREAM; VEGETABLE-BASED NON-DAIRY BUTTER
International Class 30: PREPARATIONS MADE FROM CEREALS, namely, CEREAL BARS, CHOCOLATE BARS WITH CEREALS, CEREAL-BASED SNACK BARS ALSO CONTAINING YOGURT, FRUITS, FLAVORED MILK; BREAKFAST CEREAL SOLD IN A CUP; PLAIN OR FLAVORED ICE CREAM OR FROZEN YOGURT, PLAIN OR FLAVORED PLANT BASED ICE CREAM OR FROZEN YOGURT; CONFECTIONERY MADE OF SUGAR; COCOA BEVERAGES WITH MILK; PROCESSED AND BREAKFAST CEREALS; BAKERY DESSERTS; VEGETABLE-BASED BAKERY DESSERTS; CHOCOLATE BARS, CHOCOLATE BARS FORTIFIED WITH VITAMINS AND OR MINERALS AND OR PROTEINS AND OR OTHER NUTRITIONAL SUPPLEMENTS AND OR CAFFEINE; SNACKS CAKES, FLOUR OR GLUTEN FREE BAKERY DESSERTS, PLAIN OR COVERED WITH CHOCOLATE; PACKAGED DRY NUTS COVERED WITH CHOCOLATE; [delete “DRY NUTS SLURRIES”]; CHOCOLATE- OR COCOA-BASED SPREADS; SUGAR, RICE, TAPIOCA, SAGO; BREAD SANDWICHES WITH CHEESE, MEAT, FISH AND POULTRY; PASTRIES ; ICE-CREAM, HONEY, TREACLE, YEAST, BAKING-POWDER; SALT, MUSTARD, VINEGAR, SAUCES; SPICES, EDIBLE CHOCOLATE ICES, CHOCOLATE-BASED BEVERAGES, BAKERY PRODUCTS, BISCUITS, TARTS, PIES, CAKES, EDIBLE MALT EXTRACTS FOR FOOD.
International Class 32: NON-ALCOHOLIC CARBONATED DRINKS; NON-ALCOHOLIC BEVERAGES, namely, FRUIT JUICE, FRUIT JUICE FOR BABIES AND CHILDREN; FRUIT JUICE DRINKS; FLAVORED WATER; FLAVORED WATER WITH JUICE; CARBONATED FLAVORED WATER WITH JUICE; [delete “DAIRY BASED TEA AND ICED TEA; DAIRY BASED TEA AND ICED TEA WITH JUICE; DAIRY BASED CARBONATED TEA AND ICED TEA; DAIRY BASED CARBONATED TEA AND ICED TEA WITH JUICE”]; ENERGY DRINKS FORTIFIED WITH VITAMINS AND OR MINERALS AND OR PROTEINS AND OR OTHER NUTRITIONAL SUPPLEMENTS AND OR CAFFEINE; RECOVERY DRINKS FORTIFIED WITH VITAMINS AND OR MINERALS AND OR PROTEINS AND OR OTHER NUTRITIONAL SUPPLEMENTS AND OR CAFFEINE; NON-ALCOHOLIC FRUIT AND VEGETABLE EXTRACTS USED IN THE PREPARATION OF BEVERAGES; SYRUPS FOR MAKING BEVERAGES; [delete “VEGETABLE-BASED FOOD BEVERAGES; VEGETABLE-BASED BEVERAGES CONTAINING FRUIT; VEGETABLE-BASED FRUIT FLAVORED BEVERAGES; VEGETABLE-BASED COFFEE FLAVORED DAIRY BEVERAGES; NON-ALCOHOLIC DAIRY BEVERAGES FLAVORED WITH COFFEE”]; BEERS; MINERAL AND AERATED WATERS; CARBONATED SOFT DRINKS; FRUIT AND VEGETABLE DRINKS AND FRUIT AND VEGETABLE JUICES; PLANT BASED NON-DAIRY ENERGY DRINKS.
MULTI-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). The application identifies goods that are classified in at least 4 classes; however, applicant submitted a fee(s) sufficient for 4 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.
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.
/Verna B. Ririe/
Trademark Examining Attorney
Law Office 104
(571) 272-9310
verna.ririe@uspto.gov
RESPONSE GUIDANCE