To: | Paragon Films, Inc. (trademarks@arlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88448479 - ADVANCED SLIP TECHNOLOGY - 021272-11 |
Sent: | August 22, 2019 01:47:18 PM |
Sent As: | ecom115@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88448479
Mark: ADVANCED SLIP TECHNOLOGY
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Correspondence Address: |
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Applicant: Paragon Films, Inc.
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Reference/Docket No. 021272-11
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 22, 2019
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02. Nevertheless, the applicant must respond to the following issue(s).
SECTION 2(E)(1) REFUSAL - DESCRIPTIVE
Registration is refused because the applied-for mark merely describes a feature or characteristic of applicant’s goods and/or services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
The applicant has sought to register the mark ADVANCED SLIP TECHNOLOGY for use in connection with plastic stretch film for industrial and commercial packaging. The mark combines descriptive terms and no commercial impression separated and apart from the component terms. The attached evidence from the American Heritage Dictionary of the English Language shows that ADVANCE denotes highly developed, complex or at a higher level than others. It further shows that SLIP denotes to move slowly or the act of slipping or sliding. Finally, it shows that TECHNOLOGY denotes the application of science to industrial or commercial objectives.
Additionally attached is evidence from the Lantech website and blog, which discusses and provides information in the field of stretch wrapping from one of the leaders in the industry. This entry shows that “slip” in the field of stretch film denotes a surface property which allows separate wrapped packages to slide past or over one another without sticking to each other. As such, it is the opposite of cling, another property found in stretch films.
Therefore, the mark ADVANCED SLIP TECHNOLOGY as applied to the identified goods merely describes a feature or characteristic of the goods, namely, a more highly developed or a higher level of sliding, non-sticking and/or slip properties than found in other stretch films through the application of scientific principles. Accordingly, the proposed mark is merely descriptive and registration on the Principal Register is therefore refused under Section 2(e)(1) of the Trademark Act.
If applicant files an acceptable allegation of use and also amends to the Supplemental Register, the application effective filing date will be the date applicant met the minimum filing requirements under 37 C.F.R. §2.76(c) for an amendment to allege use. TMEP §§816.02, 1102.03; see 37 C.F.R. §2.75(b). In addition, the undersigned trademark examining attorney will conduct a new search of the USPTO records for conflicting marks based on the later application filing date. TMEP §§206.01, 1102.03.
GENERAL INFORMATION
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
Please feel free to contact the undersigned attorney if you wish to discuss this application.
/John S. Yard/
Trademark Examining Attorney
Law Office 115
(571) 272-9486
john.yard@uspto.gov
RESPONSE GUIDANCE