To: | CHIVAS HOLDINGS (IP) LIMITED (pnussbaum@csglaw.com) |
Subject: | U.S. Trademark Application Serial No. 88339720 - MALFY G.Q.D.I. - 21799/2/38 |
Sent: | November 12, 2019 11:47:39 AM |
Sent As: | ecom103@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88339720
Mark: MALFY G.Q.D.I.
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Correspondence Address: CHIESA SHAHINIAN & GIANTOMASI PC
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Applicant: CHIVAS HOLDINGS (IP) LIMITED
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Reference/Docket No. 21799/2/38
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: November 12, 2019
This Office Action responds to applicant’s communication dated 6/18/19.
The following is now issued.
REVISED DRAWING REQUIRED
The portion of the bottle stopper consisting of the exterior cork must be depicted in dotted lines because the shape appears to be common for these types of bottles. Please see attached evidence.
If the drawing of the mark includes additional matter not claimed as part of the mark (e.g., matter that shows the position or placement of the mark), applicant must depict such matter using broken or dotted lines. 37 C.F.R. §2.52(b)(4); Kohler Co. v. Honda Giken Kogyo K.K., 125 USPQ2d 1468, 1488 (TTAB 2017) (quoting In re Heatcon, Inc., 116 USPQ2d 1366, 1379 (TTAB 2015)); TMEP §§807.08, 1202.02(c)(i); see In re Water Gremlin Co., 605 F.2d 841, 844, 208 USPQ 89, 91 (C.C.P.A. 1980).
In addition to these drawing requirements, applicant must also submit a clear and concise description of the mark that does the following:
(1) Indicates the mark is a three-dimensional configuration of the goods or their packaging or of a specific design feature of the goods or packaging.
(2) Specifies all the elements in the drawing that constitute the mark and are claimed as part of the mark.
(3) Specifies any elements that are not part of the mark and indicates that the matter shown in broken or dotted lines is not part of the mark and serves only to show the position or placement of the mark.
See 37 C.F.R. §§2.37, 2.52(b)(2), (b)(4); In re Famous Foods, Inc., 217 USPQ 177, 177 (TTAB 1983); TMEP §§807.08, 807.10, 1202.02(c)(ii).
In addition to a new drawing showing the outline of the exterior cork and the contours of the bottle in dotted lines applicant must provide a revised description of the mark. The following is recommended if accurate.
Description of Mark:
The mark consists of a three dimensional configuration of product packaging comprised of a distinctive bottle stopper. The bottle stopper consists of an exterior cork in the shape of an inverted conical cylinder and a cylindrical turquoise core that extends beyond the base of the cork. When inserted into the bottle, the turquoise core is visible through the neck of the bottle and the base of the cork rests upon the lip of the bottle. The outer edge of the cork appears in a distinct angle in proportion to the opening and lip of the bottle. On the top, the turquoise core is embossed with an inner ring and the literal element "MALFY G.Q.D.I." The dotted lines depicting the outline of the exterior cork and the contours of the bottle are not part of the mark and serve only to show the position of the mark on the goods.
RESPONSE
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
/Paul A. Moreno/
United States Patent and Trademark Office
Attorney
Law Office 103
571-272-2651
paul.moreno@uspto.gov
RESPONSE GUIDANCE