To: | Chalmers, Jason (trademarks@rajpatent.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85902223 - SLEEP PATCH - 64236 |
Sent: | 8/1/2013 12:53:59 PM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85902223
MARK: SLEEP PATCH
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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: Chalmers, Jason
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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FIRST 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: 8/1/2013
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.
No Conflicting Marks
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).
Please be advised however, of the following SUMMARY OF ISSUES that applicant must address:
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
The applicant applied to register the mark SLEEP PATCH for transdermal patches for use in inducing and promote sleep and relaxation. The proposed mark merely corresponds to wording which is not arbitrary, but bears a logical relation to the goods provided by the applicant because identifies that the product is a path used to cause the user to sleep, namely, a sleep patch.
“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985). Here, the applicant’s identification of goods clearly indicates that its product is a patch used for sleep. As such, the mark immediately identifies the goods and their function and purpose.
Accordingly, the mark is refused registration on the Principal Register under Section 2(e)(1) of the Trademark Act.
Supplemental Register – Advisory
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. In addition, the undersigned trademark examining attorney will conduct a new search of the Office records for conflicting marks based on the later application filing date. TMEP §§206.01, 1102.03.
This is not an offer of the Supplemental Register contingent upon an amendment to allege use, it is merely an advisory that such an amendment is not even an option until an amendment to allege use is filed.
See 15 U.S.C. §§1052(d), 1091, 1094; TMEP §815.
If the applicant chooses to respond to the refusal to register, the applicant must also respond to the following.
Disclaimer Required
The following is the standardized format for a disclaimer:
No claim is made to the exclusive right to use “PATCH” apart from the mark as shown.
TMEP §1213.08(a)(i).
/Andrea Koyner Nadelman/
Andrea Koyner Nadelman
Trademark Examining Attorney
Law Office 110
571-272-9370
andrea.nadelman@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.