To: | McIntosh Laboratory, Inc. (wcooper@fcblaw.com) |
Subject: | TRADEMARK APPLICATION NO. 76625393 - DPM - N/A |
Sent: | 7/29/2005 12:33:37 PM |
Sent As: | ECOM114@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/625393
APPLICANT: McIntosh Laboratory, Inc.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: DPM
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
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.
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Serial Number 76/625393
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
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. §1052(e)(1); TMEP §§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 §1209.01(b).
In the instant case, applicant seeks registration of the mark DPM for amplifiers and receivers. The term DPM is the recognized acronym for “dynamic power management/manager.” See the attached articles from the Internet indicating that DPM is the acronym for this term and indicating that DPM refers to a particular design methodology in the electronic industry. DPM describes the design methodology used to create applicant’s receivers and amplifiers
Therefore, the proposed mark merely describes a main feature of the applicant’s ^ and registration on the Principal Register must be refused under Trademark Act Section 2(e)(1).
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.
The following legal authorities govern the processing of trademark and service mark applications by the Office: The Trademark Act, 15 U.S.C. §§1051 et seq., the Trademark Rules of Practice, 37 C.F.R. Part 2, and the Office’s Trademark Manual of Examining Procedure (TMEP) (4th ed., 2005), available on the United States Patent and Trademark Office web site at http://www.gov.uspto.report/main/trademarks.htm.
“TMEP” refers to the Trademark Manual of Examining Procedure (4th ed., 2005), available on the United States Patent and Trademark Office website at www.gov.uspto.report/main/trademarks.htm. This is a detailed guidebook written by the Office to explain the laws and procedures that govern the trademark application, registration and post registration processes.
The Trademark Applications and Registrations Retrieval (TARR) database on the USPTO website at http://tarr.uspto.gov provides detailed, up to the minute information about the status and prosecution history of trademark applications and registrations. Please note that an application serial number or registration number is needed to be able to access this database. TARR is available 24 hours a day, 7 days a week.
Please telephone the undersigned attorney with questions.
Ann K. Linnehan
Trademark Attorney
LO 114
571-272-9457
HOW TO RESPOND TO THIS OFFICE ACTION:
STATUS OF APPLICATION: To check the status of your application, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.uspto.gov.
VIEW APPLICATION DOCUMENTS ONLINE: Documents in the electronic file for pending applications can be viewed and downloaded online at http://portal.gov.uspto.report/external/portal/tow.
GENERAL TRADEMARK INFORMATION: For general information about trademarks, please visit the Office’s website at http://www.gov.uspto.report/main/trademarks.htm
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY SPECIFIED ABOVE.
Note:
In order to avoid size limitation constraints on large e-mail messages, this Office Action has been split into 3 smaller e-mail messages. The Office Action in its entirety consists of this message as well as the following attachments that you will receive in separate messages:
Email 1 includes the following 5 attachments
1. dpm-1
2. dpm-2
3. dpm-3
4. dpm-4
5. dpm-5
Email 2 includes the following 7 attachments
1. dpm-6
2. dpm-7
3. dpm-8
4. dpm2-1
5. dpm2-2
6. dpm2-3
7. dpm2-4
Email 3 includes the following 2 attachments
1. dpm2-5
2. dpm2-6
Please ensure that you receive all of the aforementioned attachments, and if you do not, please contact the assigned-examining attorney.