To: | M Jeffries Inc (jeffries.melissa@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88423913 - SNAP - N/A |
Sent: | August 14, 2019 05:24:27 PM |
Sent As: | ecom127@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88423913
Mark: SNAP
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Correspondence Address:
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Applicant: M Jeffries Inc
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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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: August 14, 2019
This Office action is supersedes the previous Office action issued on August 2, 2019 in connection with this application. The assigned trademark examining attorney inadvertently omitted a refusal of registration relevant to the mark in the subject application. See TMEP §§706, 711.02. Specifically, the mark is merely descriptive of the goods in the application. In addition, the examining attorney notes that a mark in prior-filed application may present a bar against registration depending on the disposition of such mark.
The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue(s).
Further, the following refusal has been withdrawn: Section 2(d) Refusal – Likelihood of Confusion. See TMEP §713.02.
The following is a SUMMARY OF ISSUES that applicant must address:
Applicant must respond to all issues raised in this 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).
PRIOR-PENDING APPLICATIONS
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
Applicant should note the following additional ground for refusal.
SECTION 2(e)(1) REFUSAL – MERELY DESCRIPTIVE
In the present case, applicant seeks to register the mark SNAP for “hangers in the nature of metal hooks used to hang a purse or bag from a table” in International Class 6.
The attached definition shows that the wording “SNAP” refers to a catch or fastenic that closes or locks with a click. Applicant’s website denotes that applicant’s hooks “snap” on to the handle of a purse or furniture.
Applicant’s website states:
“This multi-functional purse hook helps keep your handbag off the floor or from falling off chairs while you're out and acts as a personal emergency alarm. Snap it on to your purse handle like a purse charm, so you'll always have it right there anytime you need it.”
The wording “SNAP” is descriptive of a characteristic of applicant’s goods; applicant’s goods “snap” into place.
In addition, the attached evidence from Pearlweave Safety Netting, Purse Supply Depot, and Amazon.com shows that “SNAP” is commonly used to describe a certain type of hook used for hanging an assortment of goods, namely, clothing, netting products, purses, bags, and home goods.
Therefore, the mark SNAP, as applied to the identified goods and services, merely describes an characteristic of applicant’s goods and services, namely that they are a company that provides hooks which snap and permit the hanging of clothing, netting products, purses, bags, and home goods.
Accordingly, the proposed mark is merely descriptive, and registration is refused on the Principal Register under Section 2(e)(1).
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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 nonfinal Office action
/Joseph P. McCarthy/
Joseph P. McCarthy
Trademark Examining Attorney
Law Office 127
(571) 272-0458
joseph.mccarthy@uspto.gov
RESPONSE GUIDANCE