To: | Nedelco, Inc. (ipdocketing@foley.com) |
Subject: | U.S. Trademark Application Serial No. 88223698 - HAMILTON NG911 - 067628-0168 |
Sent: | September 17, 2019 09:27:07 AM |
Sent As: | ecom119@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
U.S. Application Serial No. 88223698
Mark: HAMILTON NG911
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Correspondence Address: |
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Applicant: Nedelco, Inc.
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Reference/Docket No. 067628-0168
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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: September 17, 2019
This Office action is in response to applicant’s communication filed on August 28, 2019. Applicant was required to respond to the surname refusal and clarify its identification and classification of services. Applicant’s amended identification is acceptable and noted for the record and the claim of acquired distinctiveness in part serves to overcome the Section 2(e)(4) refusal. Therefore, these requirements and refusal are withdrawn at this time. TMEP §714.04. Applicant’s claim of acquired distinctiveness raises a new issue for this NON-FINAL Office action, in that applicant must disclaim “NG911” as generic matter in the mark.
DISCLAIMER REQUIRED
As the application is amended to seek registration on the Principal Register under Trademark Act Section 2(f) in part, applicant is required to disclaim “NG911” because such wording appears to be generic in the context of applicant’s services. See 15 U.S.C. §1056(a); In re Wella Corp., 565 F.2d 143, 144, 196 USPQ 7, 8 (C.C.P.A. 1977); In re Creative Goldsmiths of Wash., Inc., 229 USPQ 766, 768 (TTAB 1986); TMEP §1213.03(b). The attached information from www.911.gov and www.ntia.doc.gov show that this is a nation-wide initiative meant to modernize/upgrade the traditional 911 emergency services program into the “next generation 911.”
Applicant may submit a disclaimer in the following format:
No claim is made to the exclusive right to use “NG911” apart from the mark as shown.
TMEP §1213.08(a)(i).
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
TEAS REDUCED FEE CORRESPONDENCE REQUIREMENTS
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.
Note: An applicant may check the status of or view documents filed in an application or registration using the Trademark Status and Document Retrieval (TSDR) system. Enter the application serial number or registration number and click on “Status” or “Documents.”
How to respond. Click to file a response to this nonfinal Office action
Toby Bulloff
/Toby E. Bulloff/
Examining Attorney
Law Office 119
(571) 270-1531
toby.bulloff@uspto.gov
RESPONSE GUIDANCE