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  76/464624

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

Section Refusal

 

The applicant has applied to register the mark “BELLEZA BUZZ” for a SECTION OF MAGAZINE CONCERNING BEAUTY AND COSMETICS” in class 016.

 

The examining attorney refuses registration on the Principal Register because the proposed mark identifies only a portion of the applicant's publication.  Trademark Act Sections 1, 2 and 45, 15 U.S.C. Sections 1051, 1052 and 1127.  Periodically issued portions of an applicant's publication, such as columns or features not promoted as separate articles of commerce, are integral elements of the complete publication and are not considered separate goods in trade.

 

Terms adopted to distinguish one section of the publication from other sections of the same publication that emanate from the same party do not perform a trademark function.  In re Broadcasting Publications, Inc., 135 USPQ 374 (TTAB 1962).  Purchasers rely on the mark identifying the complete publication as a source indicator and are normally unfamiliar with feature or section titles in making a selection.  The recognizable commercial distinctions among the various columns or features comprising the complete publication are not obvious.

 

In instances where an applicant offers the section or feature itself in commerce as separate goods in trade, such as sections or portions featured in publications other than those of the applicant (whether syndicated or not), the mark may be registered on the Principal Register.  A portion of a publication that is removable from the publication and is promoted apart from the complete publication may be registrable on the Principal Register.

 

Other sections, columns or portions of publications may be registrable on the Principal Register based on acquired distinctiveness.  The applicant must present sufficient evidence establishing that the section or portion is recognized by readers or others in the publishing trade apart from the applicant's complete publication or other section titles in the publication.

 

Periodic column or feature section titles may be registered on the Supplemental Register.  Ex parte Meredith Publishing Co., 109 USPQ 427 (Comm'r Pats. 1956).  See 15 U.S.C. Sections 1091 through 1096; TMEP section 202.02(b).

 

Supplemental Register: Intent to Use:

 

Please note that the mark in an application under Trademark Act Section 1(b), 15 U.S.C. Section 1051(b), is not eligible for registration on the Supplemental Register until an acceptable amendment to allege use under 37 C.F.R. Section 2.76 or statement of use under 37 C.F.R. Section 2.88 has been timely filed.  37 C.F.R. Section 2.47(c); TMEP section 1105.01(a)(vii). 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. Section 2.75(b); TMEP section 708.01.

 

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. Section 1052(d).  TMEP section 1105.01.

 

Questions:

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

Lourdes D. Ayala

Lourdes Damaris Ayala

Examining Attorney

LO 106

703-308-9106 X 225

Fax:703-308-7192

 

 

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.