UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/487829
APPLICANT: CHEMMANOOR, ANTHONY
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CORRESPONDENT ADDRESS: ANTHONY CHEMMANOOR 802 N CHARLES ST BALTIMORE MD 21201-5308
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom105@uspto.gov
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MARK: SAFFRON
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: PRABHADUM@AOL.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 76/487829
The assigned examining attorney has reviewed the referenced application and determined the following.
SECTION 2(E)(1) REFUSAL
The examining attorney refuses registration on the Principal Register because the proposed mark merely describes the services. Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1); TMEP section 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 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 section 1209.01(b).
The examining attorney must consider whether a mark is merely descriptive in relation to the identified services, not in the abstract. In re Omaha National Corp., 819 F.2d 1117, 2 USPQ2d 1859 (Fed. Cir. 1987); In re Abcor Development Corp., 588 F.2d 811, 200 USPQ 215 (CCPA 1978); In re Venture Lending Associates, 226 USPQ 285 (TTAB 1985). In the instant case, the mark SAFFRON immediately describes a feature of the restaurant services that features meals, dishes, etc. made with saffron. (See the attached dictionary excerpts as well as from various websites evidencing the use of saffron in food.) The term SAFFRON is merely descriptive of a feature or characteristic of the restaurant. Therefore registration on the Principal Register must be refused pursuant to Section 2(e)(1) of the Trademark Act.
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. Section 1091; 37 C.F.R. Sections 2.47 and 2.75(a); TMEP sections 801.02(b).
If the applicant chooses to respond to the refusal to register, the applicant must also respond to the following informality.
ENTITY
The applicant must clarify who is the owner of the mark. The application indicates Anthony Chemmanoor as the owner, and then states he is a Maryland corporation. Furthermore the application is signed by Ann Chemmanoor, as Vice President. It cannot be determined if the applicant is an individual, joint applicant, or corporation. The application must indicate the owner of the trademark as well as the entity’s citizenship, i.e. ABC Corp, a Maryland corporation.
RECITATION OF SERVICES
The applicant should clarify the recitation of services. The applicant may adopt the following, if accurate: full service, sit down restaurant services. Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any services that are not within the scope of the services recited in the present identification.
SPECIMEN
An application based on use of the mark in commerce under Trademark Act Section 1(a), 15 U.S.C. §1051(a), must include a specimen showing use of the mark in commerce on or in connection with the goods/services. TMEP §904. The application does not contain a specimen. The applicant must submit a specimen, and must submit the following statement:
The specimen was in use in commerce at least as early as the filing date of the application.
This statement must be verified with an affidavit or a declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.59(a); TMEP §904.09. The following is a properly worded declaration under 37 C.F.R. §2.20. At the end of the response, the applicant should insert the declaration signed by a person authorized to sign under 37 C.F.R. §2.33(a).
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that the facts set forth in this application are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.
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(Signature)
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(Print or Type Name and Position)
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(Date)
GENERAL INFORMATION
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 704.02.
No set form is required for response to this Office action. The applicant must respond to each point raised. The applicant should simply set forth the required changes or statements and request that the Office enter them. The applicant must sign the response. If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Karen K. Bush/
Trademark Examining Attorney
Law Office 105
703-660-6568 (direct)
703-308-9105 ext 182
Fax: 703-872-9145
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.