UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/504540
APPLICANT: Bonm Corporation
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CORRESPONDENT ADDRESS: KENNETH S. LI LAW OFFICES OF KENNETH S. LI 459 S. ATLANTIC BLVD. STE. 200 MONTEREY PARK, CA 91754
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom103@uspto.gov
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MARK: EVANGEL
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS:
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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 76/504540
The assigned examining attorney has reviewed the referenced application and determined the following.
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.
However, the applicant should note the following informalities.
Drawing Page – Inconsistency of the Mark
The drawing page identifies the mark as “EVANGEL ORIGNAL FLAVOR with foreign wording.” However, within the written body of the application, the mark is identified as “EVANGEL.” The applicant should note that the drawing controls for purposes of determining what the mark is. Thus, the Office disregards the mark in the written application. TMEP § 807.05. The applicant may not amend the mark if the amendment is a material alteration of the mark on the drawing page. 37 C.F.R. §2.72. See In re L.G. Lavorazioni Grafite S.r.l., 61 USPQ2d 1063 (Comm'r Pats. 2001). See TMEP §807.14(a) regarding material alteration.
An applicant cannot amend the drawing of the mark if the change materially alters the mark. TMEP §807.14(a). The Office determines whether a proposed amendment materially alters a mark by comparing the proposed amendment with the description or drawing of the mark filed with the original application. 37 C.F.R. §2.72. TMEP §807.14(a)(i).
The applicant must submit an English translation of all foreign wording in the mark. 37 C.F.R. §2.61(b); TMEP §809.
Disclaimer
The applicant must disclaim the descriptive wording “ORIGINAL FLAVOR” and “NET WT 600g” and the translation of foreign wording. Trademark Act Section 6, 15 U.S.C. §1056; TMEP §§1213 and 1213.03(a). The wording is merely descriptive because it describes a feature of the applicant’s product. A properly worded disclaimer should read as follows:
No claim is made to the exclusive right to use “ORIGINAL FLAVOR and NET.WT. 600g and the foreign translation” apart from the mark as shown.
See In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
/Stephanie M. Davis, Esq./
Examining Trademark Attorney
Law Office 103
703.308.9103 ext. 210 - voice
703.746.8103 - facsimile
ecom103@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.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.