UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/349536
APPLICANT: Sachen Chandaria
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CORRESPONDENT ADDRESS: JOSEPH A. SEBOLT SAND & SEBOLT AEGIS TOWER 4940 MUNSON STREET NW, SUITE 1100 CANTON, OH 44718 |
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom107@uspto.gov
If no fees are enclosed, the address should include the words "Box Responses - No Fee." |
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MARK: CARGO TAPE
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1002-ND
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/349536
NOTICE OF SUSPENSION
Action on this application is suspended pending the disposition of:
- Application Serial No(s). 75-215662
Since applicant's effective filing date is subsequent to the effective filing date of the above-identified application(s), the latter, if and when it registers, may be cited against this application. See 37 C.F.R. §2.83. A copy of information relevant to this pending application(s) was sent previously. The applicant may request that the application be removed from suspension by presenting arguments related to the potential conflict between the relevant applications or other arguments related to the ground for suspension. The applicant's election to present or not to present arguments at this time will not affect the applicant's right to present arguments later.
Note that applicant takes pains to point out the items covered by the referenced application that the current applicant does not deal in. This is not the issue. Some of the prior applicant’s goods in class 16 are related to applicant’s goods herein. The prior application includes coverage for plastic packaging materials, including adhesive plastic foils. That applicant did not disclaim CARGO as applied to the class 16 goods, and thus seeks protection similar to that sought by applicant herein.
The refusal to register under Section 2(e)(1) of the Trademark Act is continued. Applicant takes a narrow view of what constitutes “cargo”. The definition already of record reveals that “cargo’ includes any goods or merchandise conveyed in a ship, airplane, or vehicle. Applicant admits that the usage of its goods may include use in preparing packages to be shipped to friends, family and businesses. This qualifies as use on cargo. Note further how the submission with the response refers to how the goods are “heavy duty’ with super strength, and refer to the goods as “packaging tape”. Terms that identify the function or purpose of a product or service may be merely descriptive or generic under 15 U.S.C. §1051(e)(1). In re Gould Paper Corp., 834 F.2d 1017, 5 USPQ2d 1110 (Fed. Cir. 1987) (SCREENWIPE held generic for an anti-static cloth used for cleaning computer and television screens); In re Central Sprinkler Co., 49 USPQ2d 1194 (TTAB 1998) (ATTIC generic for sprinklers installed primarily in attics); In re Reckitt & Colman, North America Inc., 18 USPQ2d 1389 (TTAB 1991) (PERMA PRESS generic for soil and stain removers for use on permanent press products). Applicant’s tape will be used for cargo. With this in mind, the undersigned responds to applicant’s inquiry about the Supplemental Register by stating that he can not recommend the Supplemental Register. Note how the marks in each of the cases cited above were held generic. Note also how the Supplemental Register is not available to intent to use applicants until an amendment to allege use in commerce has been filed.
This case stands suspended.
/Steven Foster/ Trademark Attorney
Law Office 106
(703) 308-9106 Ext. 123
Fax number for the Law Office: (703) 308-7192
E-mail responses: ecom106@uspto.gov