To: | Marshfield Clinic Health Systems, Inc. (PTO-WIS@huschblackwell.com) |
Subject: | U.S. Trademark Application Serial No. 88141170 - MARSHFIELD CHILDREN'S - MFC-40613 |
Sent: | February 19, 2020 08:40:30 PM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88141170
Mark: MARSHFIELD CHILDREN'S
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Correspondence Address:
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Applicant: Marshfield Clinic Health Systems, Inc.
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Reference/Docket No. MFC-40613
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: February 19, 2020
This application was approved for publication on January 8, 2020. See 37 C.F.R. §2.80. However, approval of the application has been withdrawn to address the issue(s) below. See TMEP §706.01. The trademark examining attorney apologizes for any inconvenience this may cause applicant.
Mark Description – Amendments Required
The mark description does not reference the color black as it appears in the mark. Although applicant submitted a drawing showing the mark in color with a color claim, applicant did not provide the required description that specifies where each color appears in the literal and design elements in the mark. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §807.07(a)-(a)(ii). Therefore, applicant must provide this description. See TMEP §807.07(a)(ii).
Generic color names must be used to describe the colors in the mark, e.g., red, yellow, blue. TMEP §807.07(a)(i)-(ii). If black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark, applicant must so specify in the description. See TMEP §807.07(d).
The following description is suggested, if accurate: “The mark consists of a solid purple cross with a white smile in it, followed by a black vertical line, followed by the words marshfield children's in black and stacked, all on a white background.”
How to respond. Click to file a response to this nonfinal Office action.
/Jessica Ellinger Fathy/
Trademark Examining Attorney
Law Office 110
U.S. Patent and Trademark Office
(571) 272-6582
jessica.fathy@uspto.gov
RESPONSE GUIDANCE