To: | KBF ENTERPRISES LIMITED (jjs@schwartz-iplaw.com) |
Subject: | U.S. Trademark Application Serial No. 90089589 - WARRIOR - 1021/4 |
Sent: | December 02, 2020 12:56:01 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. 90089589
Mark: WARRIOR
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Correspondence Address: 6100 FAIRVIEW ROAD, SUITE 1135
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Applicant: KBF ENTERPRISES LIMITED
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Reference/Docket No. 1021/4
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: December 02, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
SUMMARY OF ISSUES:
· Identification of Goods
· Mark Description Requirement
IDENTIFICATION OF GOODS
Applicant may substitute the following wording, if accurate:
Class 5: Vitamins, minerals and food supplements; dietetic foods and drinks adapted for medical, sports nutrition and slimming purposes; dietary preparations for slimming and sporting purposes and not for medical purposes; protein dietary supplements; protein/carbohydrate supplements, protein supplements, vitamin, protein and mineral supplements for enriched foods and foodstuffs; amino acid supplements; protein supplements for food
Class 30: Preparations made from cereals, namely, processed cereals; cereal-based snack foods; grain-based snack foods; cereal-based snack foods; prepared meals consisting primarily of pasta; prepared meals consisting primarily of rice; prepared meals consisting primarily of noodles; prepared pizzas; meat pies; prepared desserts, namely, [specify goods by common commercial name, e.g., dessert puddings, dessert mousse, bakery desserts]; confectionery desserts, namely, [specify goods by common commercial name, e.g., chocolate confections, confectionary made of sugar]; spices; spice mixes
See TMEP §1402.01.
An applicant may only amend an identification to clarify or limit the goods and services, but not to add to or broaden the scope of the goods and services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.
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.
DESCRIPTION OF THE MARK
In the present case, the applied-for mark has no claim to color but the drawing does not appear in black on a white background. As such, if all color, including the colors black, white, and/or gray, are not being claimed as a color feature of the mark, applicant must include in the mark description a statement that the background in the drawing is for shading purposes only and is not claimed as a feature of the mark. See TMEP §807.07(d).
The following description is suggested, if accurate:
The mark consists of the word WARRIOR with a design feature incorporated in the letter "A". The background in the drawing is for shading purposes only and is not claimed as a feature of the mark.
ASSISTANCE
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
How to respond. Click to file a response to this nonfinal Office action.
/Seth Willig Chadab/
Seth Chadab
Trademark Examining Attorney
Law Office 104
(571) 270-1875
seth.chadab@uspto.gov
RESPONSE GUIDANCE