To: | TBL Licensing LLC (Christine_Hernandez@vfc.com) |
Subject: | U.S. Trademark Application Serial No. 88031358 - TIMBERGRIP - N/A |
Sent: | July 31, 2020 01:35:11 PM |
Sent As: | ecom121@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88031358
Mark: TIMBERGRIP
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Correspondence Address: |
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Applicant: TBL Licensing LLC
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: July 31, 2020
The statement of use 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.
FAILURE TO FUNCTION – FEATURE OF THE GOODS
Indeed, the specimen indicates that the brands associated with the complete article of footwear is Timberland or in this very shoe specific case, “garrison” shoe. The applied-for mark “TIMBERGRIP” appears on the specimen and the attached evidence from applicant’s own website as a feature of the outsole treatment of the footwear rather than the source of the finished footwear. See specimens and attached applicant’s website at: http://www.timberland.com.sg/product_footwear_feature/timbergrip/ and http://www.timberland.com/shop/mens-garrison-trail-waterproof-mid-hiking-boots-a23dv210. Indeed, applicant describes the “TIMBERGRIP” as a feature of the shoes being “traction” technology as part of the shoes. See id.
This refusal will be withdrawn if applicant adopts the following identification of goods:
Class 025: outer shoe sole finish sold as an integral component of finished footwear
RESPONSE GUIDELINES
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Courtney M. Caliendo/
Courtney M. Caliendo
Trademark Examining Attorney
Law Office 121 - USPTO
Courtney.Caliendo@uspto.gov
571-270-1871
RESPONSE GUIDANCE