To: | BBY Solutions, Inc. (kari.wangensteen@bestbuy.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 77869648 - GREAT DEALS. NO BULL - 09-35447 |
Sent: | 1/19/10 2:45:40 PM |
Sent As: | ECOM117@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 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 77/869648
MARK: GREAT DEALS. NO BULL
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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: BBY Solutions, Inc.
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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: 1/19/2010
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Does not function as a mark—Informational Slogan:
The applied-for mark, as shown on the specimen, is merely an informational slogan because the applicant has only combined two commonly used phrases in retail selling—GREAT DEALS and NO BULL, and combined them into a tem which is no more distinctive than the terms by themselves, informing the viewer that the applicant offers “great deals” on various products and is serious or honest about the validity of such deals. The term “GREAT DEALS” is frequently used in a laudatory manner to inform viewers that retailers or wholesalers, if a variety of goods, offer deals on such products better than those of others. The term “NO BULL” is frequently used, in a similar informational manner, to inform viewers that the statement to which such terminology is attached is honest, correct and accurate ( see enclosed third party useage of such a term in relation to consumer goods or services) .
For these reasons, the term merely informs the viewer that they can obtain a great deal on various goods, and that the merchant is honest in making this offer. Registration is refused on the basis that such a statement, as used, informs the viewer of the great deals offered under the provisions of Sections 1,2,3 and 45 of the Trademark Act.
Search Results:
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Henry S. Zak
/Henry S. Zak/
Examining Attorney
Law Office 117
(571) 272-9354
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.