UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/653561
APPLICANT: WARD KRAFT, 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: REALSEAL
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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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MAILING/E-MAILING DATE INFORMATION: If the mailing or e-mailing date of this Office action does not appear above, this information can be obtained by visiting the USPTO website at http://tarr.gov.uspto.report/, inserting the application serial number, and viewing the prosecution history for the mailing date of the most recently issued Office communication.
Serial Number 76/653561
The assigned examining attorney has reviewed the referenced application and determined the following.
REFUSAL BECAUSE THE MARK IS MERELY DESCRIPTIVE AS APPLIED TO THE GOODS
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.
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 services. 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 addition, a mark which combines descriptive terms may be registrable if the composite creates a unitary mark with a separate, nondescriptive meaning. In re Sun Microsystems Inc., 59 USPQ2d 1084 (TTAB 2001); In re Putman Publishing Co., 39 USPQ2d 2021 (TTAB 1996); In re Copytele Inc., 31 USPQ2d 1540 (TTAB 1994); In re Entenmann’s Inc., 15 USPQ2d 1750 (TTAB 1990), aff’d per curiam, 928 F.2d 411 (Fed. Cir. 1991); In re Serv-A-Portion Inc., 1 USPQ2d 1915 (TTAB 1986); In re Wells Fargo & Co., 231 USPQ 95 (TTAB 1986); In re Ampco Foods, Inc., 227 USPQ 331 (TTAB 1985). TMEP §1209.03(d).
Here, the applicant applied to register the mark “REALSEAL” for “business forms, mailers, envelopes.” The applicant’s mark however is merely descriptive because it immediately conveys information regarding the nature of the services. Applicant’s goods indicate that the forms, mailers and envelopes contain an adhesive for sealing.
Continuing, the applicant has merely put together descriptive terms to create a descriptive mark and the resulting composite does not creates a unitary mark with a separate, nondescriptive meaning. In re Ampco Foods, Inc., 227 USPQ 331 (TTAB 1985). Furthermore, the resulting combination of does not lend itself to any other meaning or significance other than identifying a salient feature of the applicant’s investment services. What’s more, there are no novel spellings or unique juxtapositions in the mark to support a nondescriptive or suggestive meaning.
Accordingly, the mark is merely descriptive of the applicant’s services and is refused registration on the Principal Register under Section 2(e)(1) of the Trademark Act.
A mark in an application under Trademark Act Section 1(b) is not eligible for registration on the Supplemental Register until an acceptable amendment to allege use under 37 C.F.R. §2.76 has been filed. 37 C.F.R. §§2.47(d) and 2.75(b); TMEP §1102.03. When a Section 1(b) application is amended to the Supplemental Register, the effective filing date of the application is the date of filing of the amendment to allege use. 37 C.F.R. §2.75(b); TMEP §§206.01 and 1102.03.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
The wording “MAILERS” in the identification of goods is unacceptable as indefinite because it is too general and may be classified in different classes. The applicant must amend the identification to specify the commercial name of the goods. If there is no common commercial name for the product, the applicant must describe the product and its intended uses. TMEP §1402.01.
The following is acceptable:
Class 16 - Mailers, namely, brochures, invoices, order forms, surveys, business forms and advertisements for others
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on an intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov). 37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
Applicant must submit the following standard character claim: “The mark is presented in standard characters without claim to any particular font style, size, or color.” 37 C.F.R. §2.52(a).
SEARCH OF THE OFFICE RECORDS DID NOT REVEAL A CONFUSINGLY SIMILAR MARK
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.
/Robert Clark/
Robert Clark
Examining Attorney
Law Office 101
571-272-9144
fax: 571-273-9101
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.