To: | Stephen Chou (trippe@sourcedgeneralcounsel.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86913761 - SELLERS SUMMIT - N/A |
Sent: | 6/6/2016 10:22:37 PM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86913761
MARK: SELLERS SUMMIT
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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: Stephen Chou
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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: 6/6/2016
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.
INTRODUCTION
Summary of Issues: (*) Indicates Issues Applicant Must Address:
* Section 2(e)(1) Refusal – Mark is Merely Descriptive
SEARCH OF OFFICE RECORDS
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).
However, applicant must respond to each refusal and/or requirement set forth below.
SECTION 2(e)(1) REFUSAL: MARK IS MERELY DESCRIPTIVE OF SERVICES
Registration is refused because the applied-for mark merely describes a feature, characteristic, function, quality, ingredient, purpose or use of applicant’s services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
The determination of whether a mark is merely descriptive is made in relation to an applicant’s goods and/or services, not in the abstract. In re The Chamber of Commerce of the U.S., ___ F.3d ___, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012); In re Bayer Aktiengesellschaft, 488 F.3d 960, 963-64, 82 USPQ2d 1828, 1831 (Fed. Cir. 2007); TMEP §1209.01(b); see, e.g., In re Polo Int’l Inc., 51 USPQ2d 1061, 1062-63 (TTAB 1999) (finding DOC in DOC-CONTROL would refer to the “documents” managed by applicant’s software rather than the term “doctor” shown in a dictionary definition); In re Digital Research Inc., 4 USPQ2d 1242, 1243-44 (TTAB 1987) (finding CONCURRENT PC-DOS and CONCURRENT DOS merely descriptive of “computer programs recorded on disk” where the relevant trade used the denomination “concurrent” as a descriptor of a particular type of operating system). “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).
Applicant has applied to register the mark SELLERS SUMMIT for (CLASS 41) Arranging and conducting business seminars in the field of ecommerce; Arranging and conducting educational conferences; Educational services, namely, developing, arranging, and conducting educational conferences and programs and providing courses of instruction in the field of ecommerce.
The term SELLER is defined as “One that sells; a vendor.” (See attachment from http://www.ahdictionary.com/word/search.html?q=seller). As used in the proposed mark, the term “sellers” describes the users or intended users of the services in that applicant’s educational services are directed to vendors and those who sell.
The term SUMMIT is defined as “A conference or meeting of high-level leaders, usually called to shape a program of action”. (See attachment from http://www.ahdictionary.com/word/search.html?q=summit). As used in the proposed mark, the term “summit” describes a feature of the services in that applicant’s services are conferences.
In the present case, the proposed mark SELLERS SUMMIT would immediately be understood as describing a feature, characteristic, function, quality, ingredient, purpose or use of the services, that is, applicant provides conferences for sellers.
The combination of terms does not create a commercial impression that is distinct or different from the ordinary meaning of the words.
Accordingly, the applied-for mark is merely descriptive of applicant’s services. Applied-for marks that are determined to be descriptive are not registrable on the Principal Register without proof of acquired distinctiveness.
AMENDMENT TO SUPPLEMENTAL REGISTER SUGGESTED
See 15 U.S.C. §§1052(d), 1091, 1094; TMEP §815.
To amend the application to the Supplemental Register, applicant must request such an amendment. TMEP §816.01; see 15 U.S.C. §1091; 37 C.F.R. §2.47
ADVISORY - DISCLAIMER OF GENERIC MATTER
The following is the standardized format for a disclaimer:
No claim is made to the exclusive right to use “SUMMIT” apart from the mark as shown.
TMEP §1213.08(a)(i).
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.
ASSISTANCE
If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney.
An applicant may check the status of or view documents filed in his or her trademark and/or service mark application or registration 24 hours a day, 7 days a week using the Trademark Status and Document Retrieval (TSDR) database on the USPTO website at http://tsdr.gov.uspto.report/. To obtain this status or view these documents, enter the application serial number or registration number and click on “Status” or “Documents.”
/deborah e. lobo/
Trademark Examining Attorney
Law Office 109
Email: deborah.lobo@uspto.gov
Phone: 571-272-3263
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.