To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Monster Energy Company (efiling@knobbe.com)
`
`U.S. TRADEMARK APPLICATION NO. 87871508 - MONSTER MULE - HANBEV.7837T
`
`5/2/2018 3:04:12 PM
`
`ECOM111@USPTO.GOV
`
`Attachments:
`
`Attachment - 1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`*87871508*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`U.S. APPLICATION
`SERIAL NO.   87871508
`
`           
`
`MARK: MONSTER
`MULE
`
`CORRESPONDENT
`ADDRESS:
`  
`       DIANE M. REED
`  
`       KNOBBE,
`MARTENS, OLSON &
`BEAR, LLP
`         2040 MAIN
`STREET, 14TH FLOOR
`           IRVINE, CA 92614
`    
`   
`APPLICANT: Monster
`Energy Company
`
`    
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`   
`
`NO:       
`
`  HANBEV.7837T
`CORRESPONDENT
`
`E-MAIL ADDRESS:       
`
`efiling@knobbe.com
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.   A RESPONSE
`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
`
`ISSUE/MAILING DATE: 5/2/2018
`
`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 RESULTS
`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).
`
`IDENTIFICATION OF GOODS
`The wording “non-alcoholic beverages” in the identification of goods is indefinite and must be clarified.   See 37 C.F.R. §2.32(a)(6); TMEP
`§1402.01.  Furthermore, it identifies goods in several different international classes.  Accordingly, the applicant may substitute the following
`wording, if accurate.  Please note, the suggested amended wording and/or information for creating an acceptable identification appears in bold
`font.
`
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`Non-alcoholic beverages, namely, milk, tea, and coffee (International Class 30)
`
`Non-alcoholic beverages, namely, soft drinks and carbonated soft drinks; energy drinks; sports drinks  (International Class 32)
`
`The applicant should note that the above suggested identification of goods is acceptable as written.  Any alteration may render it unacceptable. 
`Accordingly, if the applicant wishes to amend the goods differently, or if the applicant has any questions or needs assistance in responding to
`
`this Office action, please telephone the assigned examining attorney.  
`
`Please further note that, while an application may be amended to clarify or limit the identification, additions to the identification are not
`permitted.  37 C.F.R. Section 2.71(a); TMEP § 1402.06.  Therefore, the applicant may not amend to include any goods that are not within the
`scope of goods set forth in the original identification.
`
`CLASSIFICATION
`Some of the goods are classified incorrectly.  The applicant must classify the goods as specified above.  Proper classification of goods and
`services is a purely administrative matter within the sole discretion of the USPTO.  See In re Faucher Indus. Inc., 107 USPQ2d 1355, 1357
`(TTAB 2013) (quoting In re Tee-Pak, Inc., 164 USPQ 88, 89 (TTAB 1969)).
`
`MULTI-CLASS APPLICATION
`The application identifies goods that are classified in at least two classes; however, applicant submitted a fee sufficient for only one class.  In a
`multiple-class application, a fee for each class is required.  37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.
`
`Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for
`each additional class.
`
`Applicant must list the goods and/or services by international class.  TMEP §§801.01(b), 1403.01.
`
`RESPONSE TO OFFICE ACTION 
`For this application to proceed further, applicant must explicitly address each refusal and/or requirement raised in this Office action.  If the
`action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should
`register.  Applicant may also have other options specified in this Office action for responding to a refusal and should consider those options
`carefully.  To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or
`statements.  For more information and general tips on responding to USPTO Office actions, response options, and how to file a
`response online, see “ Responding to Office Actions” on the USPTO’s website.
`
`If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the
`application, the application process will end and the trademark will fail to register.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP
`§§718.01, 718.02.  Additionally, the USPTO will not refund the application filing fee, which is a required processing fee.  See 37 C.F.R.
`§§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.
`
`When an application has abandoned for failure to respond to an Office action, an applicant may timely file a petition to revive the application,
`which, if granted, would allow the application to return to active status.  See 37 C.F.R. §2.66; TMEP §1714.  The petition must be filed within
`two months of the date of issuance of the notice of abandonment and may be filed online via the Trademark Electronic Application System
`(TEAS) with a $100 fee.  See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(a)(1), (b)(1).
`
`The response should address each refusal and/or requirement raised in the Office action.  If a refusal has issued, applicant can argue against the
`refusal; i.e., applicant can submit arguments and evidence as to why the refusal should be withdrawn and the mark should register.  To respond to
`requirements, applicant should set forth in writing the required changes or statements and request that the Office enter them into the application
`
`record.  
`
`The response must be personally signed or the electronic signature manually entered by applicant or someone with legal authority to bind
`applicant (i.e., a corporate officer of a corporate applicant, the equivalent of an officer for unincorporated organizations or limited liability
`company applicants, a general partner of a partnership applicant, each applicant for applications with multiple individual applicants).  TMEP
`§§605.02, 712.
`
`QUESTIONS
`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,
`
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`

`709.06.
`
`TELEPHONE COMMUNICATION SUGGESTED
`Applicant is encouraged to telephone the assigned trademark examining attorney to resolve the issues raised in this Office action.
`
`TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
`REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application
`online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to
`Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address;
`and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b),
`2.23(b); TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of
`$125 per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations,
`TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without
`
`incurring this additional fee.       
`
`/Geoffrey Fosdick/
`Trademark Attorney
`Law Office 111
`U.S. Patent & Trademark Office
`571 272 9161
`geoffrey.fosdick@uspto.gov
`
`TO RESPOND TO THIS LETTER:   Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp.   Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. 
`For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned
`trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
`
`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the
`
`response.  
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION:   To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/.   Please keep a copy of the TSDR status screen.   If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.   For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
`
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`Print: May 2, 2018
`
`74361220
`
`TYPED DRAWING
`
`serial Number
`T4361220
`
`Status
`CANCELLED — SECTICN a
`
`Word Mark
`MCNSTER MDLCH
`
`Standard Character Mark
`No
`
`Registration Number
`:841984
`
`
`
`Date Registered
`LSSdfiOEXZS
`
`Type of Mark
`TRADEMARK
`
`Register
`PRINCIPAL
`
`Mark Drawing Code
`[1] TYPED DRAWING
`
`Owner
`Menasha Corporation CORPORATION WISCONSIN P.O. Box BET Neenah
`WISCONSIN 5305?
`
`GoodsfServioes
`G & 8: wood
`001.
`US
`IC 031.
`Class Status -- SECTION 8 - CANCELLED.
`fiber mulch. First Use: 1993H04f26. First Use In Commerce:
`1993/04/26.
`
`Disclaimer Statement
`NC CLAIM IS MADE TC THE EXCLUSIVE RIGHT TC USE "MDLCH" APART ERCM THE
`MARK AS SHOWN.
`
`Filing Date
`1993:“321’22
`
`Examining Attorney
`EVANKO, PATRICIA
`
`Attorney of Record
`Marta S. Levine
`
`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Monster Energy Company (efiling@knobbe.com)
`
`U.S. TRADEMARK APPLICATION NO. 87871508 - MONSTER MULE - HANBEV.7837T
`
`5/2/2018 3:04:16 PM
`
`ECOM111@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`ON 5/2/2018 FOR U.S. APPLICATION SERIAL NO. 87871508
`
`Please follow the instructions below:
`
`(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov, enter the U.S. application serial number, and click on
`“Documents.”
`
`The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
`hours of this e-mail notification.
`
`(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable
`response time period.  Your response deadline will be calculated from 5/2/2018 (or sooner if specified in the Office action).  A response
`transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the
`response period.   For information regarding response time periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.
`
`Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
`responses to Office actions. 
`Instead,
`the USPTO recommends that you respond online using the TEAS response form located at
`http://www.uspto.gov/trademarks/teas/response_forms.jsp.
`
`(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For
`technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail
`TSDR@uspto.gov.
`
`WARNING
`
`Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For
`more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.
`
`PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are
`using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that
`closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay
`
`“fees.”   
`
`Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
`from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States
`Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”   For more information on how to handle
`private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
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