To: | Disney Enterprises, Inc. (trademarks@disney.com) |
Subject: | U.S. Trademark Application Serial No. 90372955 - TURNING RED - N/A |
Sent: | April 09, 2021 06:24:23 PM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90372955
Mark: TURNING RED
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Correspondence Address: |
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Applicant: Disney Enterprises, Inc.
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Reference/Docket No. N/A
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: April 09, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF USPTO DATABASE OF MARKS
IDENTIFICATION AND CLASSIFICATION REQUIREMENT
For amendments to identifications consisting of class headings, the scope of the identification is limited to the ordinary meaning of the words in the heading. See In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d 1593, 1598 (TTAB 2014); TMEP §§1402.06(a), (b), 1402.07(a). Accordingly, applicant must amend the class heading(s) to identify specific goods and/or services that fall within the ordinary meaning of the words specified in the class heading(s). See 37 C.F.R. §2.32(a)(6); TMEP §§1402.06(a), (b), 1402.07(a).
Applicant may substitute the following wording, if accurate:
Class 003
Flavorings for beverages being essential oils; Food flavorings prepared from essential oils
Class 005
Medicated confectionery
Class 029
Meat-based snack foods
Class 030
Bakery goods; biscuits and bread; breakfast cereals; Preparations made from cereals, namely, {indicate specific items}; brownie and cake mixes; cake decorations made of candy; candy; cereal bars; Quinoa-based snack foods; Frozen confectionery and chewing gum; chocolate; cocoa; cocoa mixes; coffee; Miso being condiments; cones for ice cream; cookies; cookie mixes; corn-based snack foods; corn chips; crackers; flavorings for beverages, other than essential oils; flavored, sweetened gelatin desserts; flour; Food flavorings being non-essential oils; frozen confectionery; frozen meals consisting primarily of pasta or rice; honey; ices; ice; ice cream; ice milk; ketchup; macaroni and cheese; marshmallows; mayonnaise; muffins; muffin bars; mustard; oatmeal; pancakes; pancake mixes and syrup; pasta and noodles; pastry; peppermint sweets; pies; pita; pizza; pizza dough and sauce; popcorn; pretzels; puddings; rice; sandwiches; sauces; spaghetti; spices; sugar and sugar substitutes; sweets; tea; tortilla chips; tortillas; waffles, applesauce
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.
MULTIPLE-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 and/or services that are classified in at least 4 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). 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. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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.
/Jules Dean/
Trademark Attorney
United States Patent and Trademark Office
Law Office 120
Phone: (571) 272-5322
Jules.Dean@uspto.gov
RESPONSE GUIDANCE