To: | FENIEX INDUSTRIES INC. (richard@4trademark.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86530589 - STORM - N/A |
Sent: | 5/23/2015 3:36:46 PM |
Sent As: | ECOM114@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 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86530589
MARK: STORM
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: FENIEX INDUSTRIES INC.
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
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: 5/23/2015
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $50 per international class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone without incurring this additional fee.
Statutory Refusal
A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s services. TMEP §1209.01(b); see, e.g., DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005) (citing Estate of P.D. Beckwith, Inc. v. Comm’r of Patents, 252 U.S. 538, 543 (1920)).
Applicant’s mark is STORM for “Sirens for vehicles; Sirens; Power supplies for lights, sirens and public address systems; Loud speaker systems; Siren controller system; Sirens for emergency and safety vehicles, namely, police, fire, construction, emergency medical services, tow trucks and security vehicles.”
According to the http://www.ahdictionary.com/word/search attachment, STORM is defined as “An atmospheric disturbance manifested in strong winds accompanied by rain, snow, or other precipitation and often by thunder and lightning.” The wording in the mark informs viewers that applicant’s goods can be used during inclement weather.
Please find attached several internet stories excerpted below showing that applicant’s type goods are used in relation to storms:
1-http://www.kntu.com/denton-storm-sirens-map/
Denton Storm Sirens Map
2-http://www.garden-city.org/index.aspx?NID=124Storm Sirens
Report an Issue
The Electric Utility Service Center maintains all of the storm sirens in Garden City. If during a storm or the Monday Noon tests you notice that the storm siren in your area does not sound, please
contact the Electric Utility Service Center during
regular business hours Monday through Friday 8:00 am - 5:00 pm at 620-276-1290.
3-http://www.americansignal.com/applications/outdoor-warning-siren-systems/
Outdoor Warning Siren Systems
In order to provide citizens with the most effective outdoor warning system possible, cities, municipalities, universities, industrial and nuclear power plants all utilize outdoor warning sirens from American Signal Corporation for all national weather service storm warnings, as well as a complete solution for emergency and mass notifications.
We hope you have have successfully weathered the summer storms. Now is a good time to check your UPS (Uninterruptible Power Supply) devices and surge protectors because there is a good chance they have taken some voltage hits and suffered power outages.
As can be noted, applicant’s type goods are of the type that are used when storms approach and thus the term in the mark identifies a feature of the goods.
The nature of the goods on which applicant uses its mark is not clear from the present record and additional information is required. An applicant can be required to provide more information if it is necessary for proper examination of the application. 37 C.F.R. §2.61(b); TMEP §§814, 1402.01(e); see In re AOP LLC, 107 USPQ2d 1644, 1650-51 (TTAB 2013); In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701-02 (TTAB 2003).
Therefore, applicant must submit samples the instruction manuals and other relevant literature including advertising of the goods. In addition, applicant must describe in detail the nature, purpose, and channels of trade of the goods. Applicant is requested to answer the following:
Are its goods specifically designed for use in emergencies including storms?
Failure to comply with a request for information can be grounds for refusing registration. In re AOP LLC, 107 USPQ2d at 1651; In re DTI P’ship LLP, 67 USPQ2d at 1701-02; TMEP §814.
Search Statement
Further action awaits response to the above.
/Raul Cordova/
Examining Attorney
Law Office 114
571-272-9448
Raul.Cordova@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.