UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/422251
APPLICANT: Leisure Arts, Inc.
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CORRESPONDENT ADDRESS: SALLY S. REILLY SOUTHERN PROGRESS CORPORATION 2100 LAKESHORE DRIVE BIRMINGHAM, AL 35209
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom106@uspto.gov
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MARK: CHAIR GHOULS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: Sally_Reilly@Timeinc.com |
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 76/422251
The assigned examining attorney has reviewed the referenced application and determined the following.
DESCRIPTIVENESS
The examining attorney refuses registration on the Principal Register because the proposed mark merely describes the goods/services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); TMEP §§1209 et seq.
A mark is merely descriptive under Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1), if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant goods/services. In re Gyulay, 820 F.2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987); In re Bed & Breakfast Registry, 791 F.2d 157, 229 USPQ 818 (Fed. Cir. 1986); In re MetPath Inc., 223 USPQ 88 (TTAB 1984); In re Bright‑Crest, Ltd., 204 USPQ 591 (TTAB 1979); TMEP §1209.01(b).
The applicant’s mark “CHAIR GHOUL” is merely descriptive because it describes the function of the goods. The applicant’s identification of goods is broad enough to include decorations that are in the shape of “ghouls” and that are intended to decorate chairs. As shown by the attached LEXIS/NEXIS evidence, it is not uncommon to market decorations specifically intended to be used on chairs. Also, the term “ghoul” is often used to refer to a type of Halloween decoration. See attached website evidence.
SUPPLEMENTAL REGISTER
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 mark in an application under Trademark Act Section 1(b), 15 U.S.C. §1051(b), is not eligible for registration on the Supplemental Register until an acceptable amendment to allege use under 37 C.F.R. §2.76 or statement of use under 37 C.F.R. §2.88 has been timely filed. 37 C.F.R. §2.47(c); TMEP §815.02, 816.02 and 1102.03. When such an application is changed from the Principal Register to the Supplemental Register, the effective filing date of the application is the date of filing of the allegation of use. 37 C.F.R. §2.75(b); TMEP §§206.01 and 816.02.
SEARCH
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
/Teresa Rupp/
Teresa Rupp
Senior Trademark Attorney
Law Office 106
(703) 308 -9106 ext 147
Respond: ECOM106@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
MAIL-IT REQUESTED: NOVEMBER 1, 2002 10083K
CLIENT:
LIBRARY: NEWS
FILE: US
YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:
CHAIR DECORATIONS
NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:
LEVEL 1... 75
LEVEL 1 PRINTED
THE SELECTED STORY NUMBERS:
11,73
DISPLAY FORMAT: 60 VAR KWIC
Copyright 2002 St. Louis Post-Dispatch, Inc.
St. Louis Post-Dispatch
January 19, 2002 Saturday Five Star Lift Edition
SECTION: LIFESTYLE; Pg. 16
LENGTH: 774 words
HEADLINE: EVEN CHAIRS GET DRESSED FOR THE BIG EVENT
BYLINE: Barbara Hertenstein Post-Dispatch Home Editor
BODY:
... silk, which coordinated with a gold organza table cover decorated with gold thread and pearls.
The generous arrangement of flowers on the chair back included white cattleya orchids, white Casablanca lilies, yellow message roses, gardenias and hydrangeas, contrasted with deep-green coffee plant leaves.
"This is something you might do for the bride and groom's chairs," Peterson says. "For the rest of the head table, we'd probably do something smaller, a bow or tie with one or two flowers."
Perhaps the most unusual chair decoration was created by Lisa Dwyer of Dream a Little Dream in Ballwin (636-256-3225). Dwyer put angel wings on the back of silver chairs.
"It was the first time I'd done it," she says. "I started with the centerpiece, angel wings sitting on clouds. Then I thought they'd look great on the chairs.
"I think angels are going to be a big thing this year. You could do this for a bridal shower or rehearsal dinner, something fun like that."
And the ...
Copyright 1988 Newsday, Inc.
Newsday (New York, NY)
October 23, 1988, Sunday, ALL EDITIONS
SECTION: TRAVEL; Pg. 15
LENGTH: 990 words
HEADLINE: Easy Out: Buy the Souvenirs, Skip the Trip
BYLINE: By Elizabeth Wissner-Gross
BODY:
... can call ($10 minimum) to order T-shirts, sweatshirts, postcards, computer art videos ($30); Googolplex geometry toy ($50), Bushnell microscope with camera ($129), books, and heat sensitive and thermometer postcards. Information: (415) 563-7337.
Universal Studios: Through a four-page catalog, you can pick up a nine-inch Oscar ($6.95), T-shirts, mugs, ashtrays, keychains, King Kong and Woody Woodpecker souvenirs, an eight-inch-high director's chair decoration ($8.50), a video of the tour ($29.95) and posters. Information: (818) 777-1000.
Smithsonian Museums: Two new fall catalogs, each containing 60 pages, represent 11 museums in the nation's capital, including the Air and Space Museum, American History, Natural History and the Museum of African Art. Among the items are native American crafts, the video "To Fly," space suits for kids, model airplanes, space helmets, Einstein and dinosaur T-shirts, Christmas cards and African baskets, ...