Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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 24, 2020

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

Search Results

 

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.

 

Identification of Goods

 

Applicant must clarify the wording “electric cookers; cook tops; broilers, and food warming stations; barbecue kettles; patio heaters; heating and cooking accessories; cooling cabinets; beverage chillers; beer dispensers; extractor hoods; vent hoods” in the identification of goods in International Class 011 because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods are. Applicant must indicate with more specificity the nature of purpose of the goods.

 

Applicant may substitute the following wording, if accurate: 

 

Class 011: Gas and electric pressure cooker; residential and commercial cooking equipment, namely, barbecue grills; residential and commercial gas or electric ranges; domestic and commercial cooking ovens; microwave ovens; gas and electric cook tops; electric cookware, namely, broilers, and food warming stations, namely, electric food warmers; warming cabinets for kitchens including outdoor kitchens; barbecue kettle grills and rotisseries; multi-purpose, electric countertop food preparation apparatus for cooking, baking, broiling, roasting, toasting, searing, browning, barbecuing and grilling food; gas patio heaters; heating and cooking accessories, namely, ____ {specify the goods with more particularity}; refrigerators; freezers; cooling cabinets in the nature of refrigerating cabinets; electric beverage chillers; ice making machines; beer dispensers, namely, refrigerated beverage dispensing units; extractor hoods for kitchens; range hoods; ventilation hoods; accessories for barbecues and barbecue grills, namely, burners, smokers, cooking grates, cooking grids, warming trays, meat racks, and lava rocks

 

 

Guidelines to Amending the Identification of Goods and/or Services

 

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).

 

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.

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney.

 

 

 

/Kathleen Lorenzo/

Kathleen Lorenzo

Trademark Examining Attorney

Law Office 109

Kathleen.Lorenzo@uspto.gov

571-272-5883

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on December 24, 2020 for

U.S. Trademark Application Serial No. 90139172

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

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

 

 

/Kathleen Lorenzo/

Kathleen Lorenzo

Trademark Examining Attorney

Law Office 109

Kathleen.Lorenzo@uspto.gov

571-272-5883

 

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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from December 24, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

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.”