To: | Frank Murphy Fashion Collection (aprildavis88@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88391241 - MF - N/A |
Sent: | November 13, 2019 02:20:41 PM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88391241
Mark: MF
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Correspondence Address: FRANK MURPHY FASHION COLLECTION
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Applicant: Frank Murphy Fashion Collection
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Reference/Docket No. N/A
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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: November 13, 2019
This Office action responds to applicant’s communication dated 10/16/2019 where applicant:
The examining attorney has reviewed the applicant’s response and determined the following:
The following requirements are now made FINAL: New Drawing and Mark Description Requirement. See 37 C.F.R. §2.63(b).
SUMMARY OF ISSUES MADE FINAL that applicant must address:
DRAWING DOES NOT REPRODUCE SATISFACTORILY – NEW DRAWING OR AMENDMENT REQUIRED
Therefore, applicant must submit a new drawing showing a clear depiction of the mark. Please ensure there is no excess white space surrounding the mark. 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.
VAGUE MARK DESCRIPTION AND UNACCEPTABLE COLOR CLAIM – AMENDMENT REQUIRED
Furthermore, the color claim was amended to read “The color(s) The mark consists of a five- sided diamond shape with a border made of two lines and the letters of MF stylized and intertwined in the center of the design with M formed at the top of the intertwined letters and the F facing backwards. is/are claimed as a feature of the mark.” The color claim now includes descriptive wording that is not appropriate in the color claim and does not specify the colors claimed in the mark.
The following color claim and description are suggested, if appropriate:
Color claim: “Color is not claimed as a feature of the mark.”
Description: “The mark consists of a five-sided diamond shape with a border made of two lines and with the letters “MF” stylized and intertwined in the center of the design, with the “M” formed at the top of the intertwined letters and the “F” facing backwards.”
RESPONSE TO THIS OFFICE ACTION
Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:
(1) A request for reconsideration that fully resolves all outstanding requirements and refusals; and/or
(2) An appeal to the Trademark Trial and Appeal Board with the required filing fees.
TMEP §715.01; see 37 C.F.R. §2.63(b)(1)-(2).
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.
Because of the legal technicalities and strict deadlines of the trademark application process, applicant may wish to hire a private attorney who specializes in trademark matters to assist in the process. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
How to respond. Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)
/Emma Sirignano/
Examining Attorney, Law Office 113
United States Patent and Trademark Office
(571) 272-7031
emma.sirignano@uspto.gov
RESPONSE GUIDANCE