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  76/544991

 

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

 

Office Records Searched

 

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, the applicant should note the following informality:

 

Disclaimer of Descriptive Wording

 

The applicant must disclaim the descriptive wording “LOBSTER” apart from the mark as shown. Trademark Act Section 6, 15 U.S.C. Section 1056; TMEP sections 1213 and 1213.02(a).  The wording is merely descriptive because, according to the electronic version of The American Heritage Dictionary of the English Language, (Third Edition 1992),  “seafood” is defined as “Edible fish or shellfish from the sea,”[1] and “lobster” is defined as “Any of several edible marine crustaceans of the family Homaridae, especially of the genus Homarus, having stalked eyes, long antennae, and five pairs of legs, the first pair of which is modified into large pincers.[2]” That is, “LOBSTER” refers to the subject matter of the goods.

 

A properly worded disclaimer should read as follows:

 

No claim is made to the exclusive right to use “LOBSTER” apart from the mark as shown.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. For your convenience, current status and status date information is available, via push button 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 Time, Monday through Friday, and entering a seven‑digit registration number or eight‑digit application number, followed by the "#" symbol, after the welcoming message and tone.  Callers may request information for up to five registration number or application number records per call. Those with Internet access may also obtain status information by accessing the USPTO web site at: http://tarr.gov.uspto.report/.

__________________________________________

/Ronald E. Aikens/

Trademark Office, Law Office 103

Tel: (703) 308-9103, ext. 128

Fax (703) 746-8103

Ron.Aikens@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 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.