To: | EASY DELIVERY INC (dkao@kaolawus.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88120438 - ED - KT180917 |
Sent: | 12/28/2018 1:23:13 PM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88120438
MARK: ED
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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: EASY DELIVERY INC
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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: 12/28/2018
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 $125 per 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 or e-mail without incurring this additional fee.
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the below issue(s). 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS: The USPTO’s database of registered and pending marks has been searched and no conflicting marks were found that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
SUMMARY OF ISSUES APPLICANT MUST ADDRESS:
· AMENDED COLOR CLAIM REQUIRED
· AMENDED DESCRIPTION OF THE MARK REQUIRED
AMENDED COLOR CLAIM REQUIRED:
Specifically, although applicant refers to the right side of the mark as being in “brown,” the color shown in the mark appears orange. Further, the specimen submitted with the application clearly shows the right side of the mark is orange rather than brown. A color claim must accurately list all of the colors appearing in the drawing of the mark. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq.
The following amended color claim is suggested:
“The colors blue and orange are claimed as a feature of the mark.”
AMENDED DESCRIPTION OF THE MARK REQUIRED:
The mark consists of an almost circular design with the left circumference of the circle being blue, and the right circumference of the circle being brown. Bisecting the two halves of the circle is a vertical arrow. The top of the vertical arrow transverses through part of the top of the circumference, and forms a triangle, while the pointed end of the arrow ends in the bottom part of the circumference. The vertical arrow is further emphasized by its two-tone colors, brown on the left side and blue on the right side, contrasting each half of the colored circumference. In addition, a horizontal blue arrow protrudes out of the left blue side of the circle in the middle and extends to the vertical two-tone arrow, forming a rounded letter E in blue with a tip that is brown, at the point where it meets the blue vertical arrow to an almost circular design with the left circumference of the circle being blue, and the right circumference of the circle being brown. Bisecting the two halves of the circle is a vertical arrow. The top of the vertical arrow transverses through part of the top of the circumference, and forms a triangle, while the pointed end of the arrow ends in the bottom part of the circumference. The vertical arrow is further emphasized by its two-tone colors, brown on the left side and blue on the right side, contrasting each half of the colored circumference. In addition, a horizontal blue arrow protrudes out of the left blue side of the circle in the middle and extends to the vertical two-tone arrow, forming a rounded letter E in blue with a tip that is brown, at the point where it meets the blue vertical arrow.
Specifically, the bold wording shown above is duplicated wording. Applicant should remove the duplicated wording and complete the description of the mark. In particular, as applicant has stated that the left side of the circle design forms a letter “E”, applicant should state that the right side of the circle design forms a letter “D”.
In addition, as noted above in the color claim requirement, the parts of the mark described as “brown” appear in orange. Thus, applicant should substitute the word “orange” in place of the instances of the word “brown” in the description.
Further, if the color white in the enclosed center parts of the mark is not being claimed as a color feature of the mark, applicant must include at the end of the mark description a statement that “The color white represents background and/or transparent areas and is not part of the mark.” TMEP §807.07(d).
A complete description must identify all the literal and design elements in the mark and specify where the colors appear in the elements. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq.
The following amended description of the mark is suggested, if accurate (the duplicated wording has been removed and additions are shown in bold):
The mark consists of an almost circular design with the left circumference of the circle being blue, and the right circumference of the circle being orange. Bisecting the two halves of the circle is a vertical arrow. The top of the vertical arrow transverses through part of the top of the circumference, and forms a triangle, while the pointed end of the arrow ends in the bottom part of the circumference. The vertical arrow is further emphasized by its two-tone colors, orange on the left side and blue on the right side, contrasting each half of the colored circumference. In addition, a horizontal blue arrow protrudes out of the left blue side of the circle in the middle and extends to the vertical two-tone arrow, forming a rounded letter "E" in blue with the tip of the middle horizontal line of the "E" in orange at the point where it meets the blue vertical arrow. The right circumference of the circle forms a letter "D" that is orange on its rounded right side with the left vertical stem of the letter "D" formed by the vertical arrow described above that is orange on the left side and blue on the right side. The color white represents background and/or transparent areas and is not part of the mark.
RESPONSE GUIDELINES:
Applicant should file a response online using the Response to Examining Attorney Office Action Form available at http://www.gov.uspto.report/trademarks-application-process/filing-online/response-forms.
If applicant requires technical assistance in using the online response form, please email TEAS@uspto.gov.
/Kristin Carlson/
Trademark Examiner, LO 105
571-272-2240
kristin.carlson@uspto.gov
800-786-9199 (Trademark Assistance Center)
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.