To: | Mid America Pet Food, LLC (kattendctm@katten.com) |
Subject: | U.S. Trademark Application Serial No. 90091996 - VPRO - 390565-00003 |
Sent: | December 02, 2020 09:52:56 AM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90091996
Mark: VPRO
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Correspondence Address: |
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Applicant: Mid America Pet Food, LLC
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Reference/Docket No. 390565-00003
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 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.
Significance of Letters in Mark
Identification of Goods
The examining attorney may require an amendment of the identification language to accurately describe the goods. In re Water Gremlin Co., 635 F.2d 841, 208 USPQ 89 (C.C.P.A. 1980), aff’g 204 USPQ 261 (TTAB 1979).
Specific wording in the identification of goods must be clarified as indicated below. The goods must be identified by their common commercial descriptions. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The USPTO has discretion to require the degree of particularity deemed necessary to clearly identify the goods and/or services covered by the mark. In re Omega SA, 494 F.3d 1362, 83 USPQ2d 1541 (Fed. Cir. 2007).
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.
The language identified below must be amended.
“Blends of minerals [describe the form of minerals, e.g., preparations], prebiotics [substitute “prebiotics” with “prebiotic compositions”], probiotics [substitute “probiotics” with “prebiotic compositions”], and other nutrients [wording “and other nutrients” is indefinite] sold as integral components [substitute “components” with “ingredients”] of pet food” – Class 31.
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
How to respond. Click to file a response to this nonfinal Office action.
/Christopher Buongiorno/
United States Patent & Trademark Office
Law Office 102
(571) 272-9251
christopher.buongiorno@uspto.gov
RESPONSE GUIDANCE