To: | Lethbridge, Tomasion (tomodnyc@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88448725 - NOSHI - Noshi Mark r |
Sent: | April 04, 2020 07:43:37 PM |
Sent As: | ecom104@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88448725
Mark: NOSHI
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Correspondence Address:
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Applicant: Lethbridge, Tomasion
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Reference/Docket No. Noshi Mark r
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: April 04, 2020
This letter is in response to applicant’s communication filed March 01, 2020. Applicant did not respond to the requirement for an acceptable identification of goods and services. Therefore, this requirement is maintained and made final. Applicant did not respond to the drawing requirement. Therefore, this requirement is maintained and made final.
IDENTIFICATION OF GOODS AND/OR SERVICES
An applicant should not use its own registered or unregistered mark or entity name in an identification of goods and/or services. See TMEP §1402.09. Identifications of goods and/or services should generally be comprised of generic everyday wording for the goods and/or services, and exclude proprietary or potentially-proprietary wording. See TMEP §§1402.01, 1402.09.
The applicant is strongly urged to consult the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual for assistance with identifying and classifying goods and services in this trademark application. See TMEP §1402.04
The following substitute wording is suggested, if accurate:
International Class 009
Downloadable cartoon strips
International Class 016
Printed cartoon strips
International Class 041
Providing online non-downloadable cartoon strips
International Class 042
Graphic art design in the field of cartoons
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
This requirement is maintained and made final.
DRAWING
To clarify whether color is a feature of the mark, applicant may satisfy one of the following:
(1) If the mark is not in color, applicant must submit the following statement: “The mark is not in color.” The current mark description would be acceptable in this case since it does not reference color. See TMEP §807.07(f)(ii.
(2) If color is a feature of the mark, applicant must submit (a) a statement listing all the colors claimed as a feature of the mark and (b) an amended description of the literal and design elements in the mark that specifies where all the colors appear in those elements. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §807.07(a)-(a)(ii). If some of the black, white, and/or gray appearing in the mark represent background, outlining, shading, and/or transparent areas, applicant must so specify in the description of the mark. See TMEP §807.07(d).
The following color claim and description are suggested, if accurate:
Color claim: “The colors [specify, e.g. black and/or white] are claimed as a feature of the mark.”
Description: “The mark consists of the following: a [specify color] [specify literal or design element on which the color appears, and continue to similarly list each element and the associated colors for each element in the mark, e.g., a gray and black bird on a white mountain with a black border.”]
See TMEP §807.07(b).
This requirement is maintained and made final.
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Evelyn Bradley/
Evelyn Bradley
Trademark Examiner
Law Office 104
(571) 272-9292
RESPONSE GUIDANCE