Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

OFFICE ACTION

 

TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.

 

ISSUE/MAILING DATE:

 

THIS IS A FINAL ACTION.

 

This letter responds to the applicant’s communication filed on July 2, 2007.  

 

The following requirement(s) have been satisfied and are now withdrawn:  (1) Disclaimer; and (2) Identification of Goods.    TMEP §714.04.

 

Registration was refused under Trademark Act Section 2(e)(2), 15 U.S.C. §1052(e)(2), because the mark is primarily geographically descriptive of the origin of applicant’s goods and/or services.  The examining attorney has considered the applicant's arguments carefully but has found them unpersuasive.  For the reasons below, the refusal under Section 2(e)(2) is maintained and made FINAL.

 

FINAL REFUSAL – GEOGRAPHICALLY DESCRIPTIVE

The examining attorney refused registration on the Principal Register because the mark is primarily geographically descriptive of the origin of applicant’s goods and/or services.  Trademark Act Section 2(e)(2), 15 U.S.C. §1052(e)(2); TMEP §§1210.01(a) and 1210.04(b).

 

A three-part test is applied to determine whether a mark is primarily geographically descriptive of the goods and/or services within the meaning of Trademark Act Section 2(e)(2): 

 

(1)     the primary significance of the mark must be geographic, i.e., the mark names a particular geographic place or location;

(2)     purchasers must be likely to make a goods-place or services-place association, i.e., purchasers are likely to think that the goods or services originate in the geographic location identified in the mark; and

(3)     the mark identifies the geographic origin of the goods and/or services. 

 

TMEP §1210.01(a); See In re MCO Properties, Inc., 38 USPQ2d 1154 (TTAB 1995); In re California Pizza Kitchen, 10 USPQ2d 1704 (TTAB 1989).

 

The attached evidence from, The American Heritage® Dictionary of the English Language, shows that the primary significance of the term “TRENTON” in the mark is the name of a geographic location.  Purchasers are likely to believe the goods and/or services originate or will originate in that geographic location because applicant is located there.  Thus there is a presumed goods/services place association in this case.  In re JT Tobacconists, 59 USPQ2d 1080 (TTAB 2001); In re U.S. Cargo, Inc., 49 USPQ2d 1702 (TTAB 1998); In re Carolina Apparel, 48 USPQ2d 1542 (TTAB 1998); In re Chalk’s International Airlines Inc., 21 USPQ2d 1637 (TTAB 1991); In re California Pizza Kitchen, 10 USPQ2d 1704 (TTAB 1989); In re Handler Fenton Westerns, Inc., 214 USPQ 848 (TTAB 1982); TMEP §1210.04(b).

 

The addition of a generic or merely descriptive term to a geographic term does not obviate a determination of geographic descriptiveness.  See In re JT Tobacconists, 59 USPQ2d 1080 (TTAB 2001); In re Carolina Apparel, 48 USPQ2d 1542 (TTAB 1998); In re Chalk’s International Airlines Inc., 21 USPQ2d 1637 (TTAB 1991); In re Wine Society of America Inc., 12 USPQ2d 1139 (TTAB 1989); In re California Pizza Kitchen Inc., 10 USPQ2d 1704 (TTAB 1988); In re Cambridge Digital Systems, 1 USPQ2d 1659 (TTAB 1986); In re BankAmerica Corp., 231 USPQ 873 (TTAB 1986); In re Application of Handler Fenton Westerns, Inc. 214 USPQ 848 (TTAB 1982); TMEP §1210.07(a).  In this case the addition of the descriptive term/phrase PORK ROLL does not obviate this refusal.

 

Accordingly, for the reasons stated above, the refusal to register the applicant’s mark under Section 2(e)(2) of the Trademark Act on the basis that the mark TRENTON PORK ROLL is primarily geographically descriptive of the origin of applicant’s goods and/or services, is made FINAL

 

Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trail and Appeal Board. 37 C.F.R. Section 2.64(a).  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. Section 2.65(a).

 

If the applicant has any questions, please telephone the assigned examining attorney.

 

/sio/                                              

Stanley I. Osborne, Jr.

Trademark Attorney

Law Office 102

(571) 272-9205

(571) 273-9205 (fax)

 

 

 

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 Office’s Response to Office action 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.

 

 

Tren·ton

 
Tren·ton (trèn¹ten)

1.    A town of southeast Ontario, Canada, on an inlet of Lake Ontario east-northeast of Toronto. It is a processing and industrial center. Population, 15,085.

2.    A city of southeast Michigan, an industrial suburb of Detroit. Population, 20,586.

3.          The capital of New Jersey, in the west-central part of the state on the Delaware River northeast of Philadelphia. Settled c. 1679 by Quakers, it was the site of a pivotal battle in the American Revolution in which George Washington's troops captured a Hessian encampment in a surprise attack (December 26, 1776). Population, 88,675.[1]