UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/684,936
MARK: CASUAL GEAR
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: |
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APPLICANT: Walgreen Co.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
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.
Registration is refused because the proposed mark merely describes applicant’s 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 and/or 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).
Applicant’s proposed mark is CASUAL GEAR for, as currently worded, jewelry and clothing.
According to the attached dictionary definitions, the words that make up the mark have the following meanings:
CASUAL: informal; and
GEAR: clothing or goods.
Consequently, “casual gear” means informal clothing or goods. This describes applicant’s goods.
Therefore, applicant’s mark, as a whole, directly conveys an immediate idea of the ingredients, qualities, or characteristics of the identified goods. In re Abcor Dev. Corp., 588 F.2d 811, 200 USPQ 215, 218 (CCPA 1978); Goodyear Tire & Rubber Co. v. Cont’l Gen. Tire, Inc., 70 USPQ2d 1067, 1069 (TTAB 2003); In re TMS Corp. of Ams., 200 USPQ 57, 58 (TTAB 1978). There is no thought or imagination necessary to understand the connection between the proposed mark and the goods.
Thus, the proposed mark is merely descriptive, and refusal pursuant to Section 2(e)(1) is appropriate in this case. Although the trademark examining attorney has refused registration, applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.
If applicant chooses to respond to the refusal to register, then applicant must also respond to the following requirement.
Applicant Must Amend The Class 25 Identification Of Goods
The identification of goods is indefinite and must be clarified in order to specify the particular articles of clothing. TMEP §1402.01. The Class 14 identification is acceptable as currently worded.
Applicant may adopt the following identification, if accurate:
“Jewelry,” in International Class 14; and
“Clothing, namely, {indicate specific goods, e.g., pants, shirts, skirts, jackets, etc.},” in International Class 25.
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.
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.
Applicant is invited to call or email the assigned examining attorney with any specific questions regarding the substance of this action.
/Katherine S. Chang/
Trademark Examining Attorney
Law Office 115
571-270-1528
katherine.chang@uspto.gov
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 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.