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: 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:

 

Registration is refused because the applied-for mark, as used on the specimen of record, is merely a merchandising slogan that conveys information about applicant’s services; it does not function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services.  Trademark Act Sections 1, 2, 3 and 45, 15 U.S.C. §§1051-1053, 1127; see TMEP §§904.07(b), 1301.02(a); see, e.g., In re The Standard Oil Co., 275 F.2d 945, 947, 125 USPQ 227, 229 (C.C.P.A. 1960) (holding the wording GUARANTEED STARTING not registrable because it would be perceived only as an informational slogan and not as a service mark for “winterizing” motor vehicles); In re Melville Corp., 228 USPQ 970, 971 (TTAB 1986) (holding the wording BRAND NAMES FOR LESS not registrable because it would be perceived only as an informational phrase and not as a service mark for retail store services).

 

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.

 

 

 

 

 

                                                                

IMPORTANT NOTICE REGARDING YOUR TRADEMARK APPLICATION

 

Your trademark application (Serial No. 77869648) has been reviewed.   The examining attorney assigned by the United States Patent and Trademark Office (“USPTO”) has written a letter (an “Office action”) on 1/19/2010 to which you must respond (unless the Office letter specifically states that no response is required).  Please follow these steps:

 

1. Read the Office letter by clicking on this link http://tmportal.gov.uspto.report/external/portal/tow?DDA=Y&serial_number=77869648&doc_type=OOA&mail_date=20100119 OR go to  http://tmportal.gov.uspto.report/external/portal/tow and enter your serial number to access the Office letter.  If you have difficulty accessing the Office letter, contact TDR@uspto.gov.  

                                         

PLEASE NOTE: The Office letter may not be immediately available but will be viewable within 24 hours of this e-mail notification.

 

2. Contact the examining attorney who reviewed your application if you have any questions about the content of the Office letter (contact information appears at the end thereof).

 

3. Respond within 6 months, calculated from 1/19/2010 (or sooner if specified in the Office letter), using the Trademark Electronic Application System (TEAS) Response to Office Action form. If you have difficulty using TEAS, contact TEAS@uspto.gov. 

 

ALERT:

 

Failure to file any required response by the applicable deadline will result in the ABANDONMENT (loss) of your application.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise attempt to e-mail your response, as the USPTO does NOT accept e-mailed responses.