To: | Walmart Apollo, LLC (ustm@walmartlegal.com) |
Subject: | U.S. Trademark Application Serial No. 88340263 - PINOT GRIGIO 2017 PRODUCT OF ITALY - 81363053 |
Sent: | January 06, 2020 03:29:11 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88340263
Mark: PINOT GRIGIO 2017 PRODUCT OF ITALY
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Correspondence Address:
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Applicant: Walmart Apollo, LLC
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Reference/Docket No. 81363053
Correspondence Email Address: |
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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: January 06, 2020
This Office action is in response to applicant’s communication on 11/27/19.
In a previous Office action dated 5/31/19, the trademark examining attorney required that applicant satisfy the following requirements: disclaim descriptive wording in the mark, clarify the mark description and color claim, and provide information regarding the goods.
Based on applicant’s response, the trademark examining attorney notes that the following requirements have been satisfied: the disclaimer statement and information provided regarding the goods are acceptable. See TMEP §713.02.
Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement: new drawing is required. See TMEP §§706, 711.02. Additionally, the requirement for an amended color claim is continued and maintained.
The following is a SUMMARY OF ISSUES that applicant must address:
NEW DRAWING IS REQUIRED
The drawing is not acceptable because the digitized image of the mark does not show all aspects of the mark in sufficient detail. See TMEP §807.04(a). A clear drawing of the mark is an application requirement. 37 C.F.R. §2.52. Specifically, the bottom portion of the word “WINE” is cut-off.
Therefore, applicant must submit a new drawing showing a clear depiction of the mark which shows the complete word WINE. All lines must be clean, sharp and solid, and not fine or crowded. 37 C.F.R. §§2.53(c), 2.54(e); TMEP §§807.05(c), 807.06(a). Additionally, the USPTO will not accept a new drawing in which there are amendments or changes that would materially alter the applied-for mark. 37 C.F.R. §2.72; see TMEP §§807.13 et seq., 807.14 et seq.
For more information about drawings and instructions on how to submit a drawing, see the Drawing webpage.
Applicant must respond to the additional requirement set forth below.
AMENDED COLOR CLAIM IS REQUIRED
The following color claim is suggested, if accurate: The colors white, black and light gray are claimed as a feature of the mark. TMEP §807.07(a)(i).
RESPONDING TO THE OFFICE ACTION
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.
/Ashley D. Hayes/
Ashley D. Hayes
Examining Attorney
Law Office 108
(571) 272-2826
ashley.hayes@uspto.gov
RESPONSE GUIDANCE