To: | PEPSICO, INC. (LORI.BARNETT@PEPSI.COM) |
Subject: | TRADEMARK APPLICATION NO. 78181507 - AMERICANS - N/A |
Sent: | 5/5/03 9:20:39 AM |
Sent As: | ECom102 |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 78/181507
APPLICANT: PEPSICO, INC.
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CORRESPONDENT ADDRESS: ELIZABETH N. BILUS PEPSICO, INC. 700 ANDERSON HILL ROAD PURCHASE NY USA 10577
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514 ecom102@uspto.gov
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MARK: AMERICANS
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: LORI.BARNETT@PEPSI.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 78/181507
The assigned examining attorney has reviewed the referenced application and determined the following.
No Conflicting Marks Noted
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 704.02.
The examining attorney refuses registration on the Principal Register because the mark is primarily geographically descriptive of the applicant’s goods/services. Trademark Act Section 2(e)(2), 15 U.S.C. §1052(e)(2); TMEP §§1210.01(a) and 1210.04(b).
The applicant’s mark consist of the term AMERICANS. The definitions of AMERICANS include:
A·mer·i·can (e-mèr¹î-ken) adjective
Abbr. A., Amer.
1. Of or relating to the United States of America or its people, language, or culture.
2. Of or relating to North or South America, the West Indies, or the Western Hemisphere.
3. Of or relating to any of the Native American peoples.
4. Indigenous to North or South America. Used of plants and animals.
noun
Abbr. A., Amer.
1. A native or inhabitant of America.
2. A citizen of the United States.
— A·mer¹i·can·ness noun[1]
The primary significance of the term “AMERICANS” is geographic, and applicant’s goods come from the geographical place named in the mark. Therefore, a public association of the goods with the place is presumed. In re JT Tobacconists, 59 USPQ2d 1080 (TTAB 2001); In re U.S. Cargo, Inc., 49 USPQ2d 1702 (TTAB 1998); In re Carolina Apparel, 48 USPQ2d 1542 (TTAB 1998); In re Chalk’s International Airlines Inc., 21 USPQ2d 1637 (TTAB 1991); In re California Pizza Kitchen, 10 USPQ2d 1704 (TTAB 1989); In re Handler Fenton Westerns, Inc., 214 USPQ 848 (TTAB 1982). TMEP §1210.04(b).
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.
Miscellany
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Rudy Singleton/
Examining Attorney, Law Office 102
(703) 308-9102 ext. 266
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.
[1]The American Heritage® Dictionary of the English Language, Third Edition copyright © 1992 by Houghton Mifflin Company. Electronic version licensed from INSO Corporation; further reproduction and distribution restricted in accordance with the Copyright Law of the United States. All rights reserved.