To: | Malco Products, Inc. (tldrenski@rennerkenner.com) |
Subject: | U.S. Trademark Application Serial No. 88418849 - LITE FINISH - MCO.T0041 |
Sent: | March 27, 2020 12:32:29 PM |
Sent As: | ecom125@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88418849
Mark: LITE FINISH
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Correspondence Address: |
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Applicant: Malco Products, Inc.
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Reference/Docket No. MCO.T0041
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: March 27, 2020
This Office action is supplemental to and supersedes the previous Office action issued on July 31, 2019 in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement: Request For Information. See TMEP §§706, 711.02.
In a previous Office action dated July 31, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Section 2(e)(1) Refusal.
The previously issued Section 2(e)(1) Refusal is continued and MAINTAINED.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: Request For Information
• Section 2(e)(1) Refusal
Applicant must respond to all issues raised in this Office action and the previous July 31, 2019 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
REQUEST FOR INFORMATION
Due to the descriptive nature of the applied-for mark, applicant must provide the following information and documentation regarding the goods and wording appearing in the mark:
(1) Fact sheets, instruction manuals, brochures, advertisements and pertinent screenshots of applicant’s website as it relates to the goods in the application, including any materials using the terms in the applied-for mark. Merely stating that information about the goods is available on applicant’s website is insufficient to make the information of record.;
(2) If these materials are unavailable, applicant should submit similar documentation for goods and services of the same type, explaining how its own product or services will differ. If the goods feature new technology and information regarding competing goods is not available, applicant must provide a detailed factual description of the goods. Factual information about the goods must make clear how they operate, salient features, and prospective customers and channels of trade. For services, the factual information must make clear what the services are and how they are rendered, salient features, and prospective customers and channels of trade. Conclusory statements will not satisfy this requirement.; and
(3) Applicant must respond to the following questions: Do applicant’s goods contain colorants or chemicals for adding a finish onto surfaces? Do applicant’s competitors use “LITE”, “LIGHT”, “FINISH”, “LIGHT FINISH”, and/or “LITE FINISH” to advertise similar goods? Who is the typical consumer of applicant’s goods? Where are applicant’s goods typically purchased, such as in online retail stores?.
See 37 C.F.R. §2.61(b); TMEP §§814, 1402.01(e).
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
RESPONSE GUIDELINES
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Teague Avent/
Teague Avent
Examining Attorney
Law Office 125
(571) 272-1219
teague.avent@uspto.gov
RESPONSE GUIDANCE