To: | Prym Consumer USA Inc. (docketing@mullinaxpatent.com) |
Subject: | U.S. Trademark Application Serial No. 88274987 - BETTERGRIP - PDC-259-TM |
Sent: | September 10, 2019 08:51:02 AM |
Sent As: | ecom102@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88274987
Mark: BETTERGRIP
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Correspondence Address:
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Applicant: Prym Consumer USA Inc.
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Reference/Docket No. PDC-259-TM
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: September 10, 2019
Applicant’s response dated January 24, 2019, is acknowledged by this Office action. The arguments set forth in the response for withdrawing the Section 2(e)(1) refusal have been considered but are unpersuasive. Consequently, the refusal is continued. After a further review of the goods in the application, the examining attorney has determined that the goods are improperly classified in Class 8 when the correct classification is Class 26. Therefore, applicant must classify the goods in Class 26.
Section 2(e)(1) Refusal
Applicant’s proposed mark is BETTERGRIP for finger worn needle pullers. According to applicant, the wording is not descriptive because the goods are not hand tools and the evidence applies to hand tools. However, this subtle distinction is immaterial to the issue of whether the wording describes a characteristic of the finger worn needle pullers.
It is clear from the specimen and other similar goods that the term “grip” is used to describe the goods.[1] The primary purpose of the goods is to grip needles. The term BETTER in the mark merely conveys to the consumer that applicant’s goods provide a “better” grip.[2] The applied-for mark immediately informs prospective customers that applicant’s needle pullers provide a better grip for pulling needles. No imagination is required to discern this feature or characteristic of applicant’s goods.
In view of the evidence attached to this final Office action and the initial Office action, the examining attorney maintains that the proposed mark is merely descriptive of applicant’s goods within the meaning of Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1). Accordingly, the refusal under Section 2(e)(1) of the Trademark Act is continued.
Classification of Goods
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)
/Christopher Buongiorno/
Christopher Buongiorno, Attorney
United States Patent & Trademark Office
Law Office 102
(571) 272-9251
RESPONSE GUIDANCE