UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/457329 APPLICANT: DESA International Inc. | |
CORRESPONDENT ADDRESS: LINDA HEBAN JONES DAY REAVIS POQUE 77 W WACKER DR STE 3500 CHICAGO IL 60601-1692 | RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom115@uspto.gov |
MARK: TWO YEAR WARRANTY 2 | |
CORRESPONDENT’S REFERENCE/DOCKET NO: N/A CORRESPONDENT EMAIL ADDRESS: | 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. |
Serial Number 76/457329
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. Nevertheless, the applicant must respond to the following issues.
The applicant must insert a disclaimer of TWO YEAR WARRNATY 2 in the application. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.08(a)(i). The wording is merely descriptive because it provides purely informational matter that the applicant’s goods have a two year warranty.
A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use TWO YEAR WARRNATY 2 apart from the mark as shown.
PLEASE NOTE: This issue can be resolved by telephone. The applicant may telephone the examining attorney, instead of submitting a written response, to expedite the application.
Please feel free to contact the undersigned attorney if you wish to discuss this application.
John S. Yard
Trademark Examining Attorney
Law Office 115
(703) 308-9115 x209
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.uspto.gov/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.uspto.gov/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.