Examiners Amendment

 

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  October 01, 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.

 

Application has been amended as shown below.  As agreed to by Elizabeth Milesnick on September 23, 2020, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

SUMMARY OF AMENDMENTS:

 

• Amended Identification of Goods and Services
• Disclaimer of “ORGANIC FOODS”

 

AMENDED IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is amended to read as follows:

 

 

Class 29: Prepared organic hemp seeds for human consumption; Dried organic legumes; Dried organic lentils

 

Class 30: Organic ready to eat cereals; Organic breakfast cereals; Organic processed grains, namely, crushed oats, husked oats, rolled oats and wheat, steel cut oats; Organic granola; Organic bread; Organic tortillas; Organic spelt flour; Organic pounded wheat; Organic flour; Organic rice flour; Organic edible flour

 

Class 31: Organic unprocessed grains for eating; Organic edible flaxseed, unprocessed; Organic edible wheat kernels, unprocessed; Organic edible spelt kernels, unprocessed

 

Class 41 (Unchanged): Providing a website featuring a blog in the field of organic foods

 

Class 43 (unchanged): Providing a website featuring information in the field of recipes and cooking

 

See TMEP §§1402.01, 1402.01(e).

 

DISCLAIMER OF “ORGANIC FOODS”

 

The following disclaimer statement is added to the record:

 

No claim is made to the exclusive right to use “ORGANIC FOODS” apart from the mark as shown.

 

See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(c), 1213.08(a)(i).

 

 

 

/Louis Kolodner/

Examining Attorney

Law Office 122

(571) 272-7562

Louis.Kolodner@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on October 01, 2020 for

U.S. Trademark Application Serial No. 90087071

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Louis Kolodner/

Examining Attorney

Law Office 122

(571) 272-7562

Louis.Kolodner@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”