Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

Serial Number 76/416191

 

This letter responds to the applicant's communication filed on 11 April 2003

Surname

Registration was refused under Trademark Act Section 2(e)(4), 15 U.S.C. Section 1052(e)(4), because the subject matter for which registration is sought is primarily merely a surname.

 

The examining attorney has considered the applicant's arguments carefully but has found them unpersuasive.  For the reasons below, the refusal under Section 2(e)(4) is maintained and made FINAL.

 

Applicant seeks to register the mark TATE for articles of clothing. TATE is a surname and attached to the first Office action were listings from a telephone directory taken from the Internet. The applicant responded that TATE is a rare surname.  The Internet evidence belies applicant statement as it clearly shows that TATE is a common surname. The mark TATE looks like a surname and the applicant has presented no evidence to show it is other than a surname. TATE has no dictionary meaning other than that of a surname nor is it a geographical location.  See the listings from a word dictionary and a geographic dictionary that show no listing for TATE other than that of a surname (exhibit 1.)

 

Based on the above reasons, the refusal under Section 2(e)(4) is made FINAL

 

The informalities involving the citizenship of applicant and the identification of goods have been resolved.

Although the examining attorney has refused registration on the Principal Register, the applicant may amend the application to seek registration on the Supplemental Register.  Trademark Act Section 23, 15 U.S.C. §1091; 37 C.F.R. §§2.47 and 2.75(a); TMEP §§801.02(b), 815 and 816 et seq.

 

Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board.  37 C.F.R. Section 2.64(a).  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. Section 2.65(a).

 

 

 

/Angela Micheli/

Examining Attorney, Law Office 108

(703) 308-9108 ext. 253

(703) 746-8108 fax

angela.micheli@uspto.gov

 

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.