To: | Juic, Inc. (tina-pto@lozaip.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88315524 - POWER TABLE - JUIC-202 |
Sent: | 5/7/2019 1:09:34 PM |
Sent As: | ECOM113@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 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88315524
MARK: POWER TABLE
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Juic, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 5/7/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
SUMMARY OF ISSUES:
SECTION 2(e)(1) REFUSAL – MERELY DESCRIPTIVE
Applicant’s mark is POWER TABLE for “Wireless charging cases; wireless chargeable batteries and battery packs; charging devices for computers, digital electronic devices, mobile phones, media players, smartwatches, wearable computers, cameras, and earphones that include wireless chargeable batteries or battery packs” in Class 9.
Here POWER TABLE merely indicates a characteristic or feature of the goods, specifically that the goods provide electrical charge and are in the form of a piece of furniture.
First, POWER means “a source or means of supplying energy especially : ELECTRICITY”. See http://www.merriam-webster.com/dictionary/power. In the context of applicant’s charging goods, this wording merely indicates that the goods provide electrical charge. See http://www.techradar.com/news/top-portable-chargers; http://www.halo2cloud.com/products/halo-powerbuds-wireless-earbuds-w-built-in-portable-power; http://www.amazon.com/Charger-Power-Adapter-Smartphone-phone/dp/B0714DM9D9 (discussing various power chargers).
Second, TABLE means “piece of furniture consisting of a smooth flat slab fixed on legs”. See http://www.merriam-webster.com/dictionary/table. Charging devices are commonly in the form of tables. See http://chargetech.com/product-category/charging-tables/; http://www.powerupconnect.com/products/charging-table/; http://www.popularmechanics.com/technology/gadgets/a25480/side-table-that-can-charge-your-phone/ (discussing charging tables). Therefore, this wording merely indicates the form of the goods.
Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods is the combined mark registrable. See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
In this case, both the individual components and the composite result are descriptive of applicant’s goods and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods. Specifically, the wording POWER TABLE is commonly used on goods in the form of this furniture that provide an electrical charge. See http://chargetech.com/product/power-table-charging-station-tcs12/; http://www.witgee.com/en/wireless-charging-table/; http://www.displays2go.com/P-37613/Wireless-Power-Table-Qi-PMA-Technology; http://www.gaylord.com/Furnishings/Round-Mobile-Device-Power-Table/p/11205; http://www.exponetusa.com/power-table/; http://www.eenewspower.com/news/epc-show-wireless-charging-table-based-gan; http://www.y2power.com/power-charging-table.html (selling power tables). Therefore, the entire mark is merely descriptive of the goods.
Therefore, because Applicant’s mark is merely descriptive of the goods in the application, registration is refused pursuant to Section 2(e)(1) of the Trademark Act.
Response to Section 2(e)(1) Refusal – Merely Descriptive
SUPPLEMENTAL REGISTER CANNOT BE RECOMMENDED – MARK IS POTENTIALLY GENERIC – ADVISORY
REQUEST FOR INFORMATION REQUIREMENT
Specifically, applicant must answer the following questions:
Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade. Conclusory statements regarding the goods will not satisfy this requirement.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that information about the goods is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
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.
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.
/Alison Keeley/
Examining Attorney
Law Office 113
(571) 272 - 4514
Alison.Keeley@USPTO.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.