To: | Exxel Outdoors, LLC (usptomail@whitelawfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88265200 - SUISSE SPORT - N/A |
Sent: | August 05, 2019 03:24:29 PM |
Sent As: | ecom112@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 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88265200
Mark: SUISSE SPORT
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Correspondence Address: 3838 TAMIAMI TRAIL NORTH, SUITE 310
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Applicant: Exxel Outdoors, LLC
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Reference/Docket No. N/A
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: August 05, 2019
Upon further review of the facts of record, the examiner now raises the following additional issue. The examiner apologizes for the delay in raising this issue and for any inconvenience that may result from it. This Office action also incorporates, maintains and CONTINUES the following raised in previous Office action:
-REQUIREMENT for Submission of a Disclaimer Statement
-REQUIREMENT for Submission of an Acceptable Specimen of Use for International Class 020
-REQUIREMENT for Clarification of Identification Language
-REQUIREMENT for Submission of Additional Filing Fees or Restriction of Identification
REFUSAL to Register Under Trademark Act Section 2(b) –Mark Includes Coat of Arms of a Foreign Nation
Registration is refused because the applied-for mark includes a Coat of Arms for the Government of Switzerland. Trademark Act Section 2(b), 15 U.S.C. §1052(b); see TMEP §1204. Trademark Act Section 2(b) bars registration of marks that include the flag, coat of arms, or other insignia of the United States, any state or municipality of the United States, or any foreign nation. TMEP §1204.
The attached evidence from the official website for the government of Switzerland [admin.ch/gov/en/start.html] and Wikipedia.org shows the Coat of Arms from the foreign nation of Switzerland. The applied-for mark includes this particular designation. Thus, the applied-for mark includes the actual coat of arms of Switzerland, in violation of Section 2(b).
Pages from online reference resource website Wikipedia.org describes the Coat of Arms of Switzerland as a: “white-on-red cross as the flag of Switzerland, …on a heraldic shield”.
ADVISORY –Response Guidelines for TEAS-Plus Applications
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 nonfinal Office action
/Amy Kean/
Trademark Attorney, Law Office 112
Phone: 571-272-8854
Amy.Kean@uspto.gov
RESPONSE GUIDANCE