To: | Evive Station, LLC (tm-dc@cantorcolburn.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85563259 - PRECYCLE - RVS0004TUS |
Sent: | 12/9/2012 12:55:41 PM |
Sent As: | ECOM104@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 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85563259
MARK: PRECYCLE
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Evive Station, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 12/9/2012
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on November 14, 2012.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Registration of applicant's mark PRECYCLE was refused on the ground that it is merely descriptive of applicant's "Advertisement-based, multi-function interactive vending machines for individually dispensing daily vitamins, a wide variety of hot and cold beverages, and providing on-demand reusable bottles with personal user activity profiles, and bottle cleaning, comprising computers and touch display screens that allow users waiting for services to see videos, static image messaging, advertisements and offers social media connectivity," as amended. In its response, applicant indicated that it had submitted arguments and evidence against the refusal but none were received.
As indicated in the initial Office action, the term PRECYCLE is defined as "buying particular products based on how recyclable or environmentally-friendly they are.” See the definition from www.macmillandictionary.com enclosed with the previous Office action. In addition, the word PRECYCLE, or “precycling,” is frequently used in connection with recyclable products such as those which are the subject of applicant's vending machines. In this regard, see the representative sample of Internet printouts enclosed herein and with the initial Office action, including excerpts from www.dec.ny.gov and www.supportenvironment.info.
Accordingly, as applicant's goods are in nature of vending machines that provide reusable or recyclable bottles, the mark must be deemed to describe a feature and characteristic of the goods at issue. Finally, to the extent applicant's goods are not in the nature of vending machines that provide reusable or recyclable bottles, registration is refused because the mark is deceptively misdescriptive of the goods at issue.
RESPONSE TO OFFICE ACTION
(1) A response that fully satisfies all outstanding requirements;
(2) An appeal to the Trademark Trial and Appeal Board, with the appeal fee of $100 per class.
37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).
Trademark Examining Attorney
Law Office 104
(571) 272-9141
(571) 273-9104 (fax)
barney.charlon@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
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 the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or 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/trademarks/teas/correspondence.jsp.