To: | Sao Paulo Alpargatas S.A. (efiling@grr.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 77430829 - HAVAIANAS LIFE CONTA - 6589/52 |
Sent: | 8/10/2009 3:42:01 PM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/430829
MARK: HAVAIANAS LIFE CONTA
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Sao Paulo Alpargatas S.A.
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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.
ISSUE/MAILING DATE: 8/10/2009
This office action follows the applicant’s request for reconsideration filed on May 28, 2009 in which the applicant argued against disclaimer of the term HAVAIANAS. The applicant’s arguments have been considered and the final requirement for disclaimer of HAVAIANAS is withdrawn. However, upon further review, the following new disclaimer requirement is made.
DISCLAIMER
Applicant must disclaim the descriptive wording “CONTAINER” apart from the mark as shown because it merely describes the goods. See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a).
A CONTAINER is “a receptacle (as a box or jar) for holding goods.” Purses and wallets are referred to as money containers and “bags,” “suitcases” and “wallets” are defined as CONTAINERS. See attached evidence and definitions.
No claim is made to the exclusive right to use “CONTAINER” apart from the mark as shown.
TMEP §1213.08(a)(i); see In re Owatonna Tool Co., 231 USPQ 493 (Comm’r Pats. 1983).
/Barbara Brown/
Trademark Examining Attorney, LO 116
TEL: 571-272-9134
FAX: 571-273-9116
barbara.t.brown@uspto.gov (informal)
RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; 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.