UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/621887
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CORRESPONDENT ADDRESS: ROYLANCE, ABRAMS, BERDO & GOODMAN |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Realty Income Corporation
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
The assigned trademark examining attorney has reviewed the statement of use and has determined the following. Applicant’s specimens are unacceptable because they show a picture of the mark depicted in a character form and not as a source indicator.
Refusal -- Trademark Act Sections 1, 2, 3 and 45
Registration is refused because the proposed mark, as used on the specimen of record, only identifies a particular character; it does not function as a service mark to identify and distinguish applicant’s services from those of others and to indicate their source. Trademark Act Sections 1, 2, 3 and 45, 15 U.S.C. §§1051-1053 and 1127; In re Hechinger Inv. Co. of Del., Inc., 24 USPQ2d 1057, 1059 (TTAB 1991); In re McDonald’s Corp., 229 USPQ 555, 555 (TTAB 1985); TMEP §1301.02(b).
A design of a character is registrable as a service mark only where the record shows that it is also used in a manner that would be perceived by consumers as identifying and distinguishing the services in addition to identifying the character. Hechinger, 24 USPQ2d at 1059. According to the specimen, the proposed mark is being used solely to identify a character and does not identify applicant’s services. The mark is presented in a manner so that consumers will not associate it as a service mark and they will simply perceive it as an ornamental design. 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.
Christopher L. Buongiorno
/Christopher L. Buongiorno/
Law Office 102
(571) 272-9251
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office action should be filed using the form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.