UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/508941
APPLICANT: FRICKE, LAWRENCE R., JR.
|
|
CORRESPONDENT ADDRESS: ROGER H. STEIN WALLENSTEIN & WAGNER, LTD. 311 SOUTH WACKER DRIVE, 53RD FLOOR CHICAGO, ILLINOIS 60606-6630
|
RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom114@uspto.gov
|
MARK: REPLICA
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: 3282 T 058
CORRESPONDENT EMAIL ADDRESS:
|
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.
|
Serial Number 76/508941
The assigned examining attorney has reviewed the referenced application and determined the following.
SEARCH RESULTS
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. However, applicant must address the following issue(s).
The examining attorney refuses registration on the Principal Register because the proposed mark merely describes the goods. 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 goods. 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 applicant applied to register the mark REPLICA for denture related goods. See attached evidence showing common usage in applicant’s industry within the context of the goods and services.
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 chooses to respond to the refusal to register, the applicant must also respond to the following issue(s).
RECITATION OF SERVICES
The recitation of services is unacceptable as indefinite. The applicant may adopt the following recitation, if accurate:
IC 44
Making dentures and partials for the mouth namely artificial teeth and base resin material
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. Section 2.71(b); TMEP section 804.09. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the services recited in the present identification.
The applicant may wish to consult the on-line identification manual on the PTO homepage for a searchable database of acceptable identifications for goods and services. The manual is available at http://www.gov.uspto.report/web/offices/tac/doc/gsmanual.
Additional information pertaining to trademark application requirements is available on-line at the Patent and Trademark Office web-site at www.uspto.gov. Current status and status date information is available, via touch-tone telephone, for all federal trademark registration and application records maintained in the automated Trademark Reporting and Monitoring (TRAM) system. The information may be accessed by calling (703) 305-8747 from 6:30 a.m. until midnight, Eastern Standard Time, Monday through Friday.
/John Hwang/
Trademark Attorney
Law Office 114
703-308-9114 ext 206
john.hwang@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.