To: | Mustang Sampling, LLC (mucdocketing@cahnsamuels.com) |
Subject: | U.S. Trademark Application Serial No. 88419250 - SAMPLING DONE RIGHT - 1018.0074 |
Sent: | July 24, 2019 11:42:32 AM |
Sent As: | ecom115@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) Regarding Applicant’s Trademark Application
U.S. Application Serial No. 88419250
Mark: SAMPLING DONE RIGHT
|
|
Attorney Address:
|
|
Applicant: Mustang Sampling, LLC
|
|
Attorney Docket No. 1018.0074
Attorney 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). A link to the appropriate TEAS response form appears at the end of this office action.
Issue date: July 24, 2019
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.
Applicant Must Amend The Identification
Applicant must clarify some of the wording in the identification, as shown below, because it is indefinite. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. The wording is indefinite because it does not make clear the exact nature of the services.
Additionally, the wording “including” and “etc.” in Class 41 is indefinite and fails to be all-inclusive. See TMEP §1402.03(a). The word “including” must be replaced with a definite term, such as “namely.” See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). The word “etc.” must be clarified by (1) specifying the common commercial or generic name for these services, or (2) deleting this wording. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a).
The wording in the suggested identification that appears in bold and italics shows the additions that are being proposed.
Wording that should be deleted is shown with a line through it as follows: strikethrough. Applicant should enter amendments in standard font, not in bold, italics or strikethrough.
Applicant may adopt the following identification, if accurate:
“Educational services, namely, a continuing programming and training services accessible by means of radio and television in the field of natural gas sample take-off conditioning and natural gas analysis apparatus
and systems; educational services, namely, conducting programsming and training services in the field of natural gas sample take-off conditioning and natural gas analysis apparatus and
systems; providing educational services, namely, conducting programs including presentations, seminars, training, and instructional classes, etc. in the field of natural gas sampling, natural gas
sample take-off conditioning, and natural gas analysis apparatus and systems; and providing a mobile educational training facility for others to conducting such
programs in the field of natural gas sampling, natural gas sample take-off conditioning, and natural gas analysis apparatus and systems,” in International
Class 41; and
“Engineering services, including generating and providing phase curves; and engineering design services in the field of natural gas sampling and custody transfer; calibration services for sample takeoff equipment and energy content audit verification,” in International Class 42.
For assistance with identification and classification in trademark applications, please consult the USPTO’s online searchable ID Manual. See TMEP §1402.04.
Applicant Must Submit A Disclaimer
In this case, applicant must disclaim the word “SAMPLING” because it is not inherently distinctive. This unregistrable term is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or 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 services are in the field of sampling, as evidenced by the identification of services. The word therefore describes the subject matter of the services.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “SAMPLING” apart from the mark as shown.
If applicant does not provide the required disclaimer, the USPTO may refuse to register the entire mark. See In re Stereotaxis Inc., 429 F.3d 1039, 1041, 77 USPQ2d 1087, 1089 (Fed. Cir. 2005); TMEP §1213.01(b). For an overview of disclaimers and instructions on how to satisfy this disclaimer requirement online using the Trademark Electronic Application System (TEAS) form, please see the disclaimer page.
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.
Trademark Examining Attorney
Law Office 115
571.270.1528
katherine.chang@uspto.gov
RESPONSE GUIDANCE
· If needed, find contact information for the supervisor of the law office referenced in the signature block.