To: | CPK Management Company (abufalino@vedderprice.com) |
Subject: | U.S. Trademark Application Serial No. 88457736 - CALIFORNIA PIZZA KITCHEN - 52586020027 |
Sent: | August 28, 2019 09:22:42 AM |
Sent As: | ecom104@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88457736
Mark: CALIFORNIA PIZZA KITCHEN
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Correspondence Address:
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Applicant: CPK Management Company
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Reference/Docket No. 52586020027
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 28, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
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).
Although no conflicting marks that would bar registration under Trademark Act Section 2(d) have been found, applicant must respond to the requirements set forth below.
Mark Description Requirement
The following description is suggested, if accurate: The mark consists of a dark palm tree in the center of a lighter diamond, the diamond is above the word "CALIFORNIA". The word "CALIFORNIA" is in all lower case letters above the words "PIZZA KITCHEN". The words "PIZZA KITCHEN" are in all capital letters and are below the word "CALIFORNIA".
DISCLAIMER REQUIREMENT
Applicant must disclaim the wording “CALIFORNIA” because it is not inherently distinctive. These unregistrable term(s) are at best primarily geographically descriptive of the origin of applicant’s goods and/or services. See 15 U.S.C. §§1052(e)(2); In re Societe Generale des Eaux Minerales de Vittel S.A., 824 F.2d 957, 959, 3 USPQ2d 1450, 1451-52 (Fed. Cir. 1987); TMEP §§1210.01(a), 1210.06(a), 1213.03(a).
The attached evidence from http://www.columbiagazetteer.org/main/ViewPlace/7/22359 shows that California is a generally known geographic place or location. See TMEP §§1210.02 et seq. The goods and/or services for which applicant seeks registration originate in this geographic place or location as shown by applicant’s address. See TMEP §1210.03. Because the goods and/or services originate in this place or location, a public association of the goods and/or services with the place is presumed. See In re Hollywood Lawyers Online, 110 USPQ2d 1852, 1858 (TTAB 2014) (citing In re Spirits of New Merced, LLC, 85 USPQ2d 1614, 1621 (TTAB 2007)); TMEP §§1210.02(a) 1210.04.
In this case, applicant also must disclaim the wording “PIZZA KITCHEN” because it is not inherently distinctive. These unregistrable term(s) at best are merely descriptive of a characteristic, or feature 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 attached evidence from http://www.vocabulary.com/dictionary/pizza and http://www.vocabulary.com/dictionary/kitchen shows this wording means a room equipped for preparing Italian open pie made of thin bread dough spread with a spiced mixture of e.g. tomato sauce and cheese.
The composite result means a room equipped for preparing Italian open pie originating in California.
Given that the identified goods and services include pizza; pastas; pita bread; pizza bread; Dine-in restaurant services; carry-out restaurant services; and on-line ordering services in the field of restaurant take-out and delivery, the wording is primarily geographically descriptive of the origin of applicant’s goods and/or 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 “CALIFORNIA PIZZA KITCHEN” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
ATTORNEY BAR INFORMATION REQUIREMENT
Attorney bar information required. Applicant’s attorney must provide the following bar information: (1) his or her bar membership number, if the bar provides one; (2) the name of the U.S. state, commonwealth, or territory of his or her bar membership; and (3) the year of his or her admission to the bar. 37 C.F.R. §2.17(b)(3). This information is required for all U.S.-licensed attorneys who are representing trademark applicants at the USPTO. Id. If the attorney’s bar does not issue bar membership numbers, applicant must state this for the record. See id.
ATTORNEY ATTESTATION REQUIREMENT
Attorney attestation required. Applicant’s attorney must provide the following statement: “I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).” See 37 C.F.R. §2.17(b)(3). This is required for all U.S.-licensed attorneys who are representing trademark applicants at the USPTO. Id.
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
/Donald O. Johnson/
Examining Attorney
Law Office 104
571-272-7831
don.johnson@uspto.gov
RESPONSE GUIDANCE