To: | Zhou ZhiMing (sherlyi@163.com) |
Subject: | U.S. Trademark Application Serial No. 88278171 - G&G NNC NY - N/A |
Sent: | August 05, 2019 09:21:01 AM |
Sent As: | ecom114@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88278171
Mark: G&G NNC NY
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Correspondence Address:
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Applicant: Zhou ZhiMing
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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
This Office Action is in response to the applicant’s communication filed on August 2, 2019.
The prior Office Action(s) is/are herein incorporated by reference.
The following issue(s) remain(s) outstanding and the applicant must respond to the following.
AMENDMENT TO SUPPLEMENTAL REGISTER NOT ACCEPTABLE
Registration on the Supplemental Register is refused because applicant’s mark is eligible for registration on the Principal Register. TMEP §815.01; see 15 U.S.C. §1091(a). Applicant has sought registration of the applied-for mark on the Supplemental Register. See 15 U.S.C. §1091. However, applicant’s mark is eligible for registration on the Principal Register because it comprises or includes inherently distinctive matter. See TMEP §1212.
A mark that is eligible for registration on the Principal Register may not be registered on the Supplemental Register. Nazon v. Ghiorse, 119 USPQ2d 1178, 1182 (TTAB 2016); TMEP §815.01. Accordingly, applicant must amend the application to seek registration on the Principal Register.
SECTION 2(e)(3) FINAL REFUSAL – PRIMARILY GEOGRAPHICALLY DECEPTIVELY MISDESCRIPTIVE The refusal set forth in the prior Office Actions are herein incorporated by reference, and is maintained.
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
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
Foreign Applicant May Wish to Seek Trademark Counsel: Because of the legal technicalities and strict deadlines involved in the USPTO application process, applicant may wish to hire a qualified U.S. attorney specializing in trademark matters to represent applicant in this process and provide legal advice. Although the undersigned trademark examining attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06.
For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help or an online directory of legal professionals, such as FindLaw®. The USPTO, however, may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
Please note that foreign attorneys, other than duly authorized Canadian attorneys, are not permitted to represent applicants before the USPTO. See 37 C.F.R. §§2.17(e), 11.14(c), (e); TMEP §602.03-.03(c). The only attorneys who may practice before the USPTO in trademark matters are (1) attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other U.S. commonwealths/territories; and (2) duly authorized Canadian agents/attorneys. See 37 C.F.R. §§2.17(e), 11.14(a), (c); TMEP §602.
/Alex Seong Keam/
Attorney-Advisor
Law Office 114
Phone: (571) 272-9176
Fax for Responses: (571) 273-9114
Email: alex.keam@uspto.gov
RESPONSE GUIDANCE