To: | OMS Investments, Inc. (patrademarks@manatt.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85008906 - TOUCH UP - 28405-052 |
Sent: | 7/13/2010 11:44:55 AM |
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 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85008906
MARK: TOUCH UP
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/teas/eTEASpageD.htm
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APPLICANT: OMS Investments, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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STRICT DEADLINE TO RESPOND TO THIS LETTER
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 7/13/2010
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).
SECTION 2(e)(1) REFUSAL – MERELY DESCRIPTIVE
In the instant case, applicant has applied for the mark “TOUCH UP” for “Herbicides for domestic use”.
Applicant's mark merely describes a feature of applicant's goods, namely, herbicides for touch up applications.
The term “touch up” is defined as “to improve or perfect by small additional strokes or alterations : fix the minor and usually visible defects or damages of”. See attached online dictionary definition.
The attached excerpt pages from various websites indicates that the term “TOUCH UP” in the field of herbicides refers to a type of application, namely, to selectively eliminate minor issues of weeds and/or as a follow up to broad based spraying of the entire lawn.
Accordingly, the mark is refused registration on the Principal Register under Section 2(e)(1).
INFORMATION REGARDING SUPPLEMENTAL REGISTER AND ACQUIRED DISTINCTIVENESS
If applicant files an acceptable allegation of use and also amends to the Supplemental Register, the effective filing date of the application will be the date on which applicant met the minimum filing requirements of 37 C.F.R. §2.76(e) for the amendment to allege use. 37 C.F.R. §2.75(b); TMEP §§816.02, 1102.03.
See 15 U.S.C. §§1052(d), 1091, 1094; TMEP §815.
ASSISTANCE
For questions regarding any of the requirement(s) and/or refusal(s) in this Office action, please feel free to telephone or email the trademark examining attorney below.
/Douglas M. Lee/
Trademark Examining Attorney
Law Office 117
U.S. Trademark Office
(571) 272-9343
douglas.lee4@uspto.gov
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.