To: | BOSS LTG, INC. (wdk@roykiesel.com) |
Subject: | U.S. Trademark Application Serial No. 88308958 - STADIUM - 10212.006 |
Sent: | November 29, 2019 01:25:04 PM |
Sent As: | ecom101@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88308958
Mark: STADIUM
|
|
Correspondence Address: ROY KIESEL FORD DOODY & THURMON APLC
|
|
Applicant: BOSS LTG, INC.
|
|
Reference/Docket No. 10212.006
Correspondence Email Address: |
|
FINAL OFFICE ACTION
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: November 29, 2019
Responsive to applicant’s communication received November 5, 2019.
Section 2(e)(1) Refusal Continued and made FINAL
Registration was refused under Section 2(e)(1) of the Trademark Act. Applicant’s response was considered. It was not found persuasive. The Section 2(e)(1) refusal to register is continued and made FINAL.
Applicant argues in its response that the term “STADIUM” when used in connection with “mobile light towers” does not convey any descriptive information about the goods. Applicant’s own literature however, belies that argument. See attached internet evidence. Applicant provides portable light towers that are designed for use, at least in part, in connection with sporting events at large venues such as “stadiums”. Such light towers can also be used in construction sites, oilfields, offshore refineries, festivals and at airports where aerial illumination is needed. This type of lighting which produces high volume, uniform lighting with enough illumination to light up multiple acreage is known in the industry as “stadium lighting”.
“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
The attached evidence clearly establishes that the proposed mark merely describes a significant function, feature, use or application of applicant’s goods. Thus the refusal to register applicant’s mark must be maintained. This refusal is made FINAL.
Applicant may respond by filing an AAU, amending the application to Section 1(a) of the Act and converting the application to the Supplemental Register. In the alternative, applicant may file an appeal with the TTAB.
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 request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Russ Herman/
Examining Attrorney
Law Office 101
(571)272-9172
russ.herman@uspto.gov
RESPONSE GUIDANCE