To: | S.I.P. SA (rmcgonig@hodgsonruss.com) |
Subject: | U.S. Trademark Application Serial No. 88332457 - SMART WOOD - 089059.00020 |
Sent: | February 24, 2020 09:01:07 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88332457
Mark: SMART WOOD
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Correspondence Address: |
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Applicant: S.I.P. SA
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Reference/Docket No. 089059.00020
Correspondence Email Address: |
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PRIORITY ACTION
NONFINAL 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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: February 24, 2020
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must address issues shown below. On February 23, 2020, the examining attorney and Ryan McGonigle discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
Summary of Issues
Disclaimer Required
Here, applicant’s identified goods are “toys made of wood.” Therefore, “WOOD” is merely descriptive of applicant’s goods that are made out of wood.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “WOOD” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
Applicant must also address the following requirement.
Amended Identification of Goods Required
Applicant may adopt the following identification, suggested in part by applicant, if accurate:
International Class 028: Construction toys; toy building structures and blocks; infant development toys; toy models; toy cars and trains and parts and accessories therefor; scale model kits; magnetic building blocks being toys; positionable two and three dimensional toys for use in games; children's educational toys for developing fine motor, oral language, numbers, counting, colors and alphabet skills; all of the foregoing being toys made of wood
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Response to Office Action
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.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Jessie A. Maihos/
Trademark Examining Attorney
Law Office 121
571-270-3545
jessie.maihos@uspto.gov
RESPONSE GUIDANCE