To: | Industrial Craft Inc. (suzi@hixonlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88408716 - INDUSTRIAL CRAFT - 01522-Burton |
Sent: | September 27, 2019 10:52:49 AM |
Sent As: | ecom101@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 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 Attachment - 32 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88408716
Mark: INDUSTRIAL CRAFT
|
|
Correspondence Address:
|
|
Applicant: Industrial Craft Inc.
|
|
Reference/Docket No. 01522-Burton
Correspondence Email Address: |
|
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: September 27, 2019
This Office action is in response to applicant’s communication filed on September 25, 2019. The refusal based upon Sec. 2(d) of the Act is withdrawn.
REFUSAL UNDER SECTION 2(e)(1) MADE FINAL – MARK IS MERELY DESCRIPTIVE
The refusal under Trademark Act Section 2(e)(1) is now made FINAL for the reasons set forth below. See 15 U.S.C. §1052(e)(1); 37 C.F.R. §2.63(b).
A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods and/or services. TMEP §1209.01(b); see, e.g., DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005) (citing Estate of P.D. Beckwith, Inc. v. Comm’r of Patents, 252 U.S. 538, 543 (1920)).
Applicant’s mark is INDUSTRIAL CRAFT for “Retail store services featuring interior décor, home accessories, and consumer electronics; Computerized on-line ordering featuring general merchandise and general consumer goods; On-line retail store services featuring furniture, tableware, kitchenware, and electronic accessorie”. The term “industrial” is defined as “having the nature of or characterized by industries” and “craft” refers to a special skill or art. See the dictionary definitions attached to the previous office action from Collins Dictionary. Taken together, INDUSTRIAL CRAFT would be perceived by consumers as describing a feature of the applicant’s goods, specifically, that applicant’s goods are made with the special industrial skills.
Furthermore, the evidence attached to the previous office action from etsy.com, emeraldinsight.com, as well as the following attached evidence shows that the phrase “industrial craft” is commonly used to describe goods that are made with special industrial skills such as woodworking or metal working.
http://littleredwindow.com/20-awesome-industrial-crafts/ - So today I’m sharing with you 20 Awesome Industrial Crafts to get you inspired to jump on the industrial train! (Industrial Shelves, Industrial Pipe Floor Lamp, Faux Metal Industrial Monogram, Industrial Pipe Jewelry Organizer, Industrial Curtain Rod, Industrial Side Tables,
http://www.quora.com/What-are-industrial-crafts - What are industrial crafts?
http://patch.com/new-jersey/morristown/calendar/event/20180825/384417/industrial-crafts-day - Discover early industrial crafts with exciting hands-on activities and demonstrations by a blacksmith, tinsmith, tin piercers, weavers, and spinners, and create your own tin-pierced craft to take home. Crafters will have handmade pieces available for purchase.
http://www.etsy.com/market/industrial_crafts - Popular items for industrial crafts
http://chestertownship.org/event/industrial-crafts-day-at-cooper-mill/ - discover the art and science of early industrial crafting
Websites and webpages are generally a competent source for determining how the public perceives the mark in connection with applicant’s goods and/or services. See In re N.C. Lottery, 866 F.3d 1363, 1367-68, 123 USPQ2d 1707, 1709-10 (Fed. Cir. 2017); In re Nett Designs, Inc., 236 F.3d 1339, 1341, 57 USPQ2d 1564, 1566 (Fed. Cir. 2001) (citing In re Bed & Breakfast Registry, 791 F.2d 157, 160, 229 USPQ 818, 819 (Fed. Cir. 1986)); TMEP §1209.01(b).
The fact that a word or term is not found in the dictionary is not controlling on the question of registrability when the word or term has a well understood and recognized meaning. In re Orleans Wines, Ltd., 196 USPQ 516, 517 (TTAB 1977); TMEP §1209.03(b); see In re Gould Paper Corp., 834 F.2d 1017, 1018, 5 USPQ2d 1110, 1111-12 (Fed. Cir. 1987); In re Planalytics, Inc., 70 USPQ2d 1453, 1456 (TTAB 2004); In re Tower Tech Inc., 64 USPQ2d 1314 (TTAB 2002).
A mark is suggestive if some imagination, thought, or perception is needed to understand the nature of the goods and/or services described in the mark; whereas a descriptive term immediately and directly conveys some information about the goods and/or services. See Stoncor Grp., Inc. v. Specialty Coatings, Inc., 759 F.3d 1327, 1332, 111 USPQ2d 1649, 1652 (Fed. Cir. 2014) (citing DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251-52, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012)); TMEP §1209.01(a). INDUSTRIAL CRAFT, as applied to the identified goods, merely describes a feature of applicant’s goods, namely, that they are made with industrial skills. Accordingly, the proposed mark is merely descriptive, and registration is refused on the Principal Register under Section 2(e)(1).
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 final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)
/Robert Clark/
Robert Clark
Examining Attorney
Law Office 101
571-272-9144
Robert.Clark@uspto.gov
RESPONSE GUIDANCE