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  76/483897

 

The following is in response to the communication received on September 8, 2003.  The amended identification and classification of goods is accepted.  However, as discussed between the examining attorney and the applicant’s attorney in a previous telephone conference, upon further review, the Office has determined the following.

 

A.                      Refusal – Mark is Deceptive

 

Registration is refused because the proposed mark is deceptive.  Trademark Act Section 2(a), 15 U.S.C. §1052(a).  Specifically, applicant’s mark includes the term “HIDES,” which refers to animal hide, and infers that the goods are made of, or in substantial part of, animal hide.  This ingredient is important to a purchasing decision because animal hide is a sturdy, desirable fabric.  In re Budge Mfg. Co., 857 F.2d 773, 8 USPQ2d 1259 (Fed. Cir. 1988); In re Phillips-Van Heusen Corp., 63 USPQ2d 1047 (TTAB 2002); In re Organik Technologies, Inc., 41 USPQ2d 1690 (TTAB 1997); In re Shapely, Inc., 231 USPQ 72 (TTAB 1986); In re Intex Plastics Corp., 215 USPQ 1045 (TTAB 1982); See TMEP §§1203.02 et seq.  See the following dictionary definition of HIDE.

 

hide (hìd) noun

The skin of an animal, especially the thick, tough skin or pelt of a large animal.[1]

 

If the goods are not, in fact, made of, or in substantial part of, animal hide, the proposed mark will deceive the purchasing public as to an important factor in its purchasing decision.  If the goods are made of, or in substantial part of, leather, then applicant may amend the identification of goods to state that fact, and this refusal will be withdrawn.  Applicant may adopt the following identification of goods, if accurate: Protective work gloves made of, or in substantial part of, animal hide.

 

Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration. 

 

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

 

                                                                        Regards,

 

 

/Scott M. Oslick/

Trademark Examining Attorney

Law Office 108

(703) 308-9108 x117 (Telephone)

(703) 746-8108 (Fax - Official Responses Only)

 

 

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 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.