To: | Universal Display Corporation (uspto@ferencelaw.com) |
Subject: | U.S. Trademark Application Serial No. 88413399 - UNIVERSAL DISPLAY VENTURES - 10052.2806 |
Sent: | July 22, 2019 05:31:59 PM |
Sent As: | ecom122@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88413399
Mark: UNIVERSAL DISPLAY VENTURES
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Correspondence Address:
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Applicant: Universal Display Corporation
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Reference/Docket No. 10052.2806
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: July 22, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. 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.
Search Results
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
SUMMARY OF ISSUE that applicant must address:
REQUIREMENT – DISCLAIMER
In this case, applicant must disclaim the wording “DISPLAY VENTURES” because it is not inherently distinctive. These unregistrable terms at best are merely descriptive of a feature of applicant’s services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The attached dictionary evidence defines “display” as “a computer screen or similar piece of equipment that shows information” and “ventures” as “a commercial undertaking that risks a loss but promises a profit.” Further, the attached Internet evidence from www.businesswire.com describes applicant’s services as “the new venture effort” with “[s]trategic sectors of interest include . . . displays,” and “[t]he venture arm seeks to be an impactful strategic investor.” Thus, this wording merely describes a feature of applicant’s services, namely, that applicant’s services concern/involve displays and involve a commercial undertaking that poses risks but also promises reward, i.e., a venture concerning/involving displays.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “DISPLAY VENTURES” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
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.
Assistance
How to respond. Click to file a response to this nonfinal Office action
/Joan Blazich/
Examining Attorney
Law Office 122
571-272-7810
joan.blazich@uspto.gov
RESPONSE GUIDANCE