To: | NEW HOLLAND IP, LLC (dwtrademarks@dickinsonwright.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88373565 - SOLERA - 58383-108 |
Sent: | 6/18/2019 9:11:14 AM |
Sent As: | ECOM115@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 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO 88373565
MARK: SOLERA
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ATTORNEY ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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NEW HOLLAND IP, LLC
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ATTORNEY DOCKET NO:
dwtrademarks@dickinsonwright.com |
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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: 6/18/2019
The undersigned trademark examining attorney has reviewed the referenced application. Applicant must respond timely and completely to the issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
The Office records have been searched, and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Registration Refused – Proposed Mark Is Merely Descriptive
Applicant’s proposed mark is SOLERA for beer and spirits. Solera is “a process for aging liquids such as wine, beer, vinegar, and brandy, by fractional blending in such a way that the finished product is a mixture of ages, with the average age gradually increasing as the process continues over many years.” See attached excerpt from Wikipedia, as well as from flaviar.com and craftbeer.com. Applicant’s goods are made by the solera method.
Therefore, applicant’s mark, as a whole, directly conveys an immediate idea of the ingredients, qualities, or characteristics of the identified goods. In re Abcor Dev. Corp., 588 F.2d 811, 200 USPQ 215, 218 (CCPA 1978); Goodyear Tire & Rubber Co. v. Cont’l Gen. Tire, Inc., 70 USPQ2d 1067, 1069 (TTAB 2003); In re TMS Corp. of Ams., 200 USPQ 57, 58 (TTAB 1978). There is no thought or imagination necessary to understand the connection between the proposed mark and the goods.
Thus, the proposed mark as a whole is merely descriptive, and refusal pursuant to Section 2(e)(1) is appropriate in this case. Although the trademark examining attorney has refused registration, applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.
TEAS RF Application Requirements
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 email correspondence address; and (3) agree to receive correspondence from the USPTO by email 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 email without incurring this additional fee.
Applicant is invited to contact the assigned examining attorney with any questions regarding this action.
/Katherine S. Chang/
Trademark Examining Attorney
Law Office 115
571.270.1528
katherine.chang@uspto.gov
TO RESPOND: Go to response forms and choose option #1. 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 TSDR. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact TrademarkAssistanceCenter@uspto.gov or call 800-786-9199. For more information on checking status, see status and documents.
TO UPDATE CORRESPONDENCE ADDRESS: Use the change of address form.