UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/141065
APPLICANT: Colgate-Palmolive Company
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CORRESPONDENT ADDRESS: Colgate-Palmolive Company 300 Park Avenue New York NY 10022
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom110@uspto.gov
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MARK: DEEP CLEAN
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: amanda_samuel@colpal.com |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 78/141065
The assigned examining attorney has reviewed the referenced application and determined the following.
Although the examining attorney has searched the Office records and has found no similar registered mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d), the examining attorney encloses information regarding pending Application Serial No. 78129105. 37 C.F.R. Section 2.83.
There may be a likelihood of confusion between the applicant's mark and the mark in the above noted application under Section 2(d) of the Act. The filing date of the referenced application precedes the applicant's filing date. If the earlier‑filed application matures into a registration, the examining attorney may refuse registration under Section 2(d).
The examining attorney refuses registration on the Principal Register because the proposed mark merely describes the goods/services. 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/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 Met Path Inc., 223 USPQ 88 (TTAB 1984); In re Bright‑Crest, Ltd., 204 USPQ 591 (TTAB 1979); TMEP §1209.01(b).
The applicant applied to register the mark DEEP CLEAN for “toothbrushes.” “Deep cleaning” of teeth is referred to repeatedly in articles and information regarding toothbrushes and dental care in general. See attached.
For the foregoing reasons, the mark merely describes a feature of the applicant’s goods, and does nothing more. Accordingly, the mark is refused registration on the Principal Register under Section 2(e)(1).
Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration. If the applicant chooses to respond to the refusal to register, the applicant must also respond to the following issue.
If the applicant wishes to proceed relying on the applicant’s intent to use the mark in commerce as the sole basis for registration, with the claim of priority, the applicant should so advise the examining attorney. TMEP §§806.02(f) and 806.04(b).
If the applicant does not so indicate, this Office will presume that the applicant wishes to rely on the foreign registration as an additional basis for registration and will expect the applicant to submit a true copy, a photocopy, a certification, or a certified copy of the foreign registration and, if appropriate, an English translation. It is customary for the translator to sign the translation. TMEP §§1004.01 and 1004.01(b).
/LGKovalsky/
Laura Gorman Kovalsky
Trademark Attorney
703/308-9110, x147
(for FORMAL responses only)
(for INFORMAL inquiries only)
The United States Patent and Trademark Office issued the Third Edition of the Trademark Manual of Examining Procedure (TMEP), January, 2002, available at www.gov.uspto.report/go/tmep. References to the TMEP correspond to the Third Edition.
CHANGE OF CORRESPONDENCE ADDRESS
Applicants may now file changes of correspondence address via a new form on TEAS. Address changes may be performed on up to 20 cases at a time. The Trademark Office strongly encourages applicants to use this time-saving form which is available online at:
<http://eteas.gov.uspto.report/V2.0/ca200/WIZARD.htm>
FEE INCREASE EFFECTIVE JANUARY 1, 2003
Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class. The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00.
Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.
Mark
DEEP CLEAN
Goods and Services
IC 021. US 002 013 023 029 030 033 040 050. G & S: toothbrushes
Mark Drawing Code
(1) TYPED DRAWING
Serial Number
78129105
Filing Date
May 16, 2002
Filed ITU
FILED AS ITU
Owner Name and Address
(APPLICANT) Johnson & Johnson CORPORATION NEW JERSEY One Johnson & Johnson Plaza New Brunswick NEW JERSEY 089337001
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live Dead Indicator
LIVE
Attorney of Record
Laurence S. Rickles