| To: | BBK Tobacco & Foods, LLP (legal@hbiin.com) |
| Subject: | U.S. TRADEMARK APPLICATION NO. 88002804 - SIX SHOOTER - N/A |
| Sent: | 10/31/2018 1:50:53 PM |
| Sent As: | ECOM114@USPTO.GOV |
| Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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U.S. APPLICATION SERIAL NO. 88002804
MARK: SIX SHOOTER
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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: BBK Tobacco & Foods, LLP
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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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 10/31/2018
THIS IS A FINAL ACTION.
This FINAL Office action is being issued in response to applicant’s communication filed October 9, 2018. For the reasons outlined below, the Section 2(e)(1) refusal is maintained and made FINAL. All arguments and evidence from prior Office actions are incorporated herein by reference.
TRADEMARK ACT SECTION 2(e)(1) REFUSAL – DESCRIPTIVENESS
Applicant proposes to register the wording “SIX SHOOTER” for “Hand-held machines for injecting tobacco into cigarette tubes”.
The wording “six shooter” is descriptive when used in connection with devices or machines for injecting tobacco into cigarette tubes because, as the evidence from Intellirights and Web Hydroponics indicates, a patent was granted for a tobacco pipe that functions like a six shooter pistol enabling the user to load six rotating bowls of tobacco in a single pipe. The wording “SIX SHOOTER” in the applied-for mark describes this function of the machines.
The evidence of record from DH Gate shows that several companies manufacture a six shooter tobacco device, which indicates that consumers associate the term “six shooter” with the type of tobacco pipe and not with applicant as the source of a hand-held machines for injecting tobacco into cigarette tubes.
Applicant argues that its tobacco machine does not function like a six shooter pistol. However, applicant’s tobacco machine does function like a six shooter tobacco pipe of the type described in the evidence from Intellirights and Web Hydroponics. Applicant indicates that its device “has six mounts to hole up to six empty pre-formed cigarettes. Tobacco is then added, and the device is covered and shaken to cause the tobacco to enter the pre-formed cigarettes and become impacted.” (Response to Office Action, October 9, 2018, at 5.) This describes the same function as the six shooter tobacco pipes discussed in the evidence of record.
For these reasons, registration is refused under Trademark Act Section 2(e)(1).
FINAL REFUSAL GUIDELINES
Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:
(1) a response filed using the Trademark Electronic Application System (TEAS) that fully satisfies all outstanding requirements and/or resolves all outstanding refusals; and/or
(2) an appeal to the Trademark Trial and Appeal Board filed using the Electronic System for Trademark Trials and Appeals (ESTTA) with the required filing fee of $200 per class.
37 C.F.R. §2.63(b)(1)-(2); 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. TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). There is a fee required for filing a petition. 37 C.F.R. §2.6(a)(15).
/Shaila E. Lewis/
Trademark Examining Attorney
Law Office 114
(571) 270-1527 (tel)
(571) 270-2527 (fax)
Shaila.Lewis@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.
