Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

RESPONSE TIME LIMIT:  TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/637241

 

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. §1052(d).  TMEP §704.02.

 

Section 2(e)(1) - Descriptive Refusal

 

The examining attorney refuses registration on the Principal Register because the proposed mark merely describes the goods/services.  Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); TMEP §§1209 et seq.

 

As shown by the speciments, the mounts may be mounted in the dash of a car.  See the enclosed definition of dash as dashboard.

 

The record indicates that applicant has used its mark for a long time; therefore, applicant may seek registration on the Principal Register under Trademark Act Section 2(f), 15 U.S.C. §1052(f), based on acquired distinctiveness.  To amend the application to Section 2(f) based on five years use, applicant should submit the following written statement claiming acquired distinctiveness, if accurate:

 

The mark has become distinctive of the goods and/or services through applicant’s substantially exclusive and continuous use in commerce for at least the five years immediately before the date of this statement.

 

Applicant must verify this statement with a notarized affidavit or a signed declaration under 37 C.F.R. §2.20.  37 C.F.R. §2.41(b); TMEP §1212.05(d).

 

 

 

Claim of Ownership

 

If the applicant is the owner of Registration No. 2350994, the applicant must submit a claim of ownership.  37 C.F.R. §2.36; TMEP §812.

 

This application and Reg. No. 250994 will be duplicates if the applicant elects to go to the Supplemental Register, and one of them must be abandoned.  The U.S. Patent and Trademark Office will not issue duplicate registrations.  TMEP §703.

 

If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

 

 

 

 

/Irene D. Williams/

Trademark Examining Attorney

LO 112

571-272-9239

fax:  571-273-9112

 

 

HOW TO RESPOND TO THIS OFFICE ACTION:

• ONLINE RESPONSE:  You may respond formally using the Office’s Trademark Electronic Application System (TEAS) Response to Office Action form (visit http://www.gov.uspto.report/teas/index.html and follow the instructions, but if the Office Action has been issued via email, you must wait 72 hours after receipt of the Office Action to respond via TEAS).
• REGULAR MAIL RESPONSE:  To respond by regular mail, your response should be sent to the mailing return address above and include the serial number, law office number and examining attorney’s name in your response.

 

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.

 

dash1

 
dash (dàsh) verb

dashed, dash·ing, dash·es verb, transitive

1.    To break or smash by striking violently.

2.    To hurl, knock, or thrust with sudden violence.

3.    To splash; bespatter.

4.    To perform or complete hastily: dash off a letter; dash down a glass of juice.

5.    a. To add an enlivening or altering element to. b. To affect by adding another element or ingredient to: ice cream that was dashed with rum.

6.    a. To destroy or wreck: Our dreams were dashed. See synonyms at blast. b. To confound; abash.

 

verb, intransitive

1.    To strike violently; smash.

2.    To move with haste; rush: dashed to the door.

 

noun

1.    A swift, violent blow or stroke: knocked the books to the floor with an impatient dash of his hand.

2.    a. A splash. b. A small amount of an added ingredient: a dash of sherry.

3.    A quick stroke, as with a pencil or brush.

4.    A sudden movement; a rush: made a dash for the exit.

5.    Sports. A footrace, usually less than a quarter-mile long, run at top speed from the outset.

6.    A spirited quality in action or style; verve. See synonyms at vigor.

7.    A punctuation mark (—) used in writing and printing.

8.    In Morse and similar codes, the long sound or signal used in combination with the dot and silent intervals to represent letters or numbers.

9.    A dashboard.

 [Middle English dashen, probably of Scandinavian origin; akin to Danish daske, to beat.][1]