To: | Vyacheslav Shirokov (info@amazonsellers.attorney) |
Subject: | U.S. Trademark Application Serial No. 88448201 - NORTHERN LIGHTS - N/A |
Sent: | August 22, 2019 04:00:00 PM |
Sent As: | ecom102@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. 88448201
Mark: NORTHERN LIGHTS
|
|
Correspondence Address:
|
|
Applicant: Vyacheslav Shirokov
|
|
Reference/Docket No. N/A
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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: August 22, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Search of the Office Records
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).
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Generally, a mark that merely combines descriptive words is not registrable if the individual components retain their descriptive meaning in relation to the goods and/or services and the combination results in a composite mark that is itself descriptive. TMEP §1209.03(d); see, e.g., In re King Koil Licensing Co. Inc., 79 USPQ2d 1048, 1052 (TTAB 2006) (holding THE BREATHABLE MATTRESS merely descriptive of beds, mattresses, box springs and pillows where the evidence showed that the term “BREATHABLE” retained its ordinary dictionary meaning when combined with the term “MATTRESS” and the resulting combination was used in the relevant industry in a descriptive sense); In re Associated Theatre Clubs Co., 9 USPQ2d 1660, 1663 (TTAB 1988) (holding GROUP SALES BOX OFFICE merely descriptive of theater ticket sales services because such wording “is nothing more than a combination of the two common descriptive terms most applicable to applicant's services which in combination achieve no different status but remain a common descriptive compound expression”).
Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable. See, e.g., In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968).
In this case, both the individual components and the composite result are descriptive of applicant’s goods and/or services and do not create a unique, incongruous or nondescriptive meaning in relation to the goods and/or services.
Specifically, applicant seeks registration of “NORTHERN LIGHTS” for “Travel agency services, namely, making reservations and bookings for transportation; Travel agency services, namely, making reservations and bookings for cruises; Travel booking agencies; Travel information services; Travel planning for individuals, families, and groups for special occasions such as destination weddings and honeymoons; Travel route planning; Arranging for travel visas, passports and travel documents for persons traveling abroad; Arranging of transportation for travel tours; Booking of travel tickets; Booking of seats for travel; Booking of tickets for travel; Coordinating travel arrangements for individuals and for groups; Escorting of travellers; Organisation of travel; Organizing travel for others; Providing a website featuring information on travel; Providing information about travel, via the Internet; Provision of travel information.”
The term “NORTHERN LIGHTS” is defined as “aurora borealis, an aurora that occurs in northern regions of the earth.” See the attached definitions.
The specimen of record indicates the applicant is offering tours to view the Northern Lights.
In addition to applicant’s specimen of use, the attached website evidence from applicant’s website and third-party tourism websites indicates that in the tourism industry, NORTHERN LIGHTS refers to and describes a primary feature or use of the tourism services to travel to or provide tourism information about viewing the Northern Lights:
From applicant’s website: “Winter time in Scandinavia and Russia has a very special vibe. And it's no surprise that many travelers choose to experience Norway, Finland, Sweden, Iceland or Russia during the snowy months. After all, who hasn't dreamt of meeting Santa Claus in his village, chasing the Northern Lights or soaking in a hot geothermal bath in Iceland? If it sounds like a great vacation, browse our winter tours in Scandinavia and beyond and get in touch with our specialists.”
Therefore, the proposed mark merely describes a feature, characteristic, or use of the applicant’s services and registration on the Principal Register must be refused under Trademark Act Section 2(e) (1).
Possibly Generic for Services
Disclaimer of Entire Mark Not Accepted
Response Guidelines
For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(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 nonfinal Office action
Anthony Rinker
/Anthony Rinker/
Trademark Examining Attorney
Law Office 102
U.S. Trademark Office
Ph. 571-272-5491
anthony.rinker@uspt
RESPONSE GUIDANCE