To: | Society of Corporate Compliance and Ethi ETC. (kandresen@nilanjohnson.com) |
Subject: | U.S. Trademark Application Serial No. 88216610 - REPORT ON SUPPLY CHAIN COMPLIANCE - 50508-0019 |
Sent: | October 08, 2019 02:47:41 PM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88216610
Mark: REPORT ON SUPPLY CHAIN COMPLIANCE
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Correspondence Address: 120 SOUTH SIXTH STREET, SUITE 400
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Applicant: Society of Corporate Compliance and Ethi ETC.
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Reference/Docket No. 50508-0019
Correspondence Email Address: |
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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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: October 08, 2019
This Office Action is in response to applicant’s communication filed on 9/10/19.
Applicant’s arguments against the refusal are not persuasive.
Therefore, there are no new issues and the following refusal(s) and/or requirement(s) in the previous Office Action are continued and made FINAL.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Given that applicant’s goods and/or services are identified as “Downloadable electronic publications in the nature of newsletters and magazines in the field of regulatory compliance” “Printed newsletters and magazines in the field of regulatory compliance”, “Providing on-line electronic bulletin boards for transmission of messages among users concerning regulatory compliance” and “On-line journals, namely, blogs featuring content in the field of regulatory compliance; providing online newsletters in the field of regulatory compliance via e-mail” the applied for mark “REPORT ON SUPPLY CHAIN COMPLIANCE” is merely descriptive of applicant’s identified goods and/or services, because it merely describes that the goods/services feature “reports” which are detailed accounts or statements presumably in the field of supply chain compliance. See the previously attached evidence from online dictionary definitions.
See also applicant’s website/specimen of record demonstrating descriptive use of the mark in connection with the applied for goods/services.
Accordingly, because applicant’s proposed mark merely describes applicant’s goods and/or services, registration of applicant’s mark is properly refused under Section 2(e)(1) of the Trademark Act.
Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.
CLASS 009, 038, and 041 ADVISORY – SUPPLEMENTAL REGISTER NOT AVAILABLE
A mark in an application under Trademark Act Section 1(b) is not eligible for registration on the Supplemental Register until an acceptable amendment to allege use under 37 C.F.R. §2.76 has been filed. 37 C.F.R. §§2.47(d), 2.75(b); TMEP §§815.02, 1102.03. When a Section 1(b) application is successfully amended to the Supplemental Register, the effective filing date of the application will be the date on which applicant met the minimum filing requirements of 37 C.F.R. §2.76(e) for the amendment to allege use. 37 C.F.R. §2.75(b); TMEP §§816.02, 1102.03.
RESPONSE TO THIS FINAL OFFICE ACTION
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).
COMMENTS
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.
How to respond. Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)
/Hsu, Fong/
Trademark Examining Attorney
Law Office 117
U.S. Patent & Trademark Office
Office: (571) 272-2001
Fax: (571) 272-2002
RESPONSE GUIDANCE