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  76/470980

 

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

 

Significance of Word

The examining attorney requires information about the services to determine whether all or part of the mark is merely descriptive as applied to the goods. See TMEP sec. 1105.02. The applicant must provide product information describing the goods. This may take the form of a fact sheet, press release, sales literature, or advertisement. If unavailable, the applicant must provide a detailed factual description of the goods.

 

In all cases, the submitted factual information must make clear the nature of the goods, their salient feature, and their prospective customers and/or channel of trade. This information is not readily available to the examining attorney and is pertinent to the descriptiveness determination. Conclusory statements from the applicant or its attorney regarding the descriptiveness standard will not be sufficient to meet this requirement for information.

 

Trademark Rule 2.61(b) states: “the examiner may require the applicant to furnish such information and exhibits as may be reasonably necessary to the proper examination of the application.” The Trademark Trial and Appeal Board has upheld a refusal of registration based on the applicant’s failure to provide information requested under this rule. See In re Babies Beat Inc., 13 USPQ2d 1729 (TTAB 1990) (upholding refusal to register for failure to submit patent information regarding configuration).

 

 

 

 

 

Inga Ervin

Trademark Attorney

Law Office 111

703 308-9111x 226

ecom111@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.