UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/633660
APPLICANT: TEH YOR CO., LTD.
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CORRESPONDENT ADDRESS: |
RETURN ADDRESS: Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
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MARK: HUANG
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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 76/633660
The assigned trademark examining attorney has reviewed the referenced application and has determined the following:
Search Results
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.
2(e)(4) - Surname Refusal
Registration is refused because the proposed mark is primarily merely a surname. Trademark Act Section 2(e)(4), 15 U.S.C. §1052(e)(4); TMEP §§1211 et seq. The primary significance of the mark to the purchasing public determines whether a term is primarily merely a surname. In re Etablissements Darty et Fils, 759 F.2d 15, 225 USPQ 652, 653 (Fed. Cir. 1985); In re Kahan & Weisz Jewelry Mfg. Corp., 508 F.2d 831, 184 USPQ 421 (C.C.P.A. 1975).
Please see the attached evidence from www.google.com, establishing the surname significance of the surname HUANG. See also attached evidence “daplus” showing the proposed mark as appearing 11448 times as a surname in a California telephone directory of names. See also attached evidence “namestats” showing the proposed mark as appearing at least 15,000 times as a surname in a national telephone directory of names.
Supplemental Register
Although the trademark examining attorney has refused registration on the Principal Register, applicant may respond to the stated refusal(s) under Trademark Act Section 2(e)(4) by amending the application to seek registration on the Supplemental Register. Trademark Act Section 23, 15 U.S.C. §1091; 37 C.F.R. §§2.47 and 2.75(a); TMEP §§801.02(b), 815 and 816 et seq.
Identification of Goods
The wording “hardware for window shades and blinds” in the identification of goods needs clarification because it does not identify the specific hardware items or the material they are made from. Applicant may change this wording to “metal hardware for window shades and blinds, namely, pulls, clasps, pulleys, springs, and nuts,” if accurate. TMEP §1402.01.
The wording “machinery and machinery parts for making Venetian blinds and window shades” in the identification of goods needs clarification because it does not indicate the mechanism by which the machinery functions. Applicant may change this wording to “injection plastic molding machine and parts therefore for making Venetian blinds and window shades,” if accurate. TMEP §1402.01.
Please note that, while the identification of goods may be amended to clarify or limit the goods, adding to the goods or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.
/Ada P. Han/
Trademark Attorney
Law Office 106
(571) 272-5873
(571) 273-9106 (fax)
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.