To: | Hopsy, Inc. (whiptrademark@wilmerhale.com) |
Subject: | U.S. Trademark Application Serial No. 88466700 - HOMETAP - 2211536.122 |
Sent: | September 06, 2019 04:49:27 PM |
Sent As: | ecom110@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88466700
Mark: HOMETAP
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Correspondence Address: MICHAEL J. BEVILACQUA, ESQUIRE WILMER CUTLER PICKERING HALE AND DORR LL
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Applicant: Hopsy, Inc.
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Reference/Docket No. 2211536.122
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: September 06, 2019
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.
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 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).
SUMMARY OF ISSUES:
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
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 In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
In this case, both the individual components and the composite result are descriptive of applicant’s goods and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods and/or services. Specifically, the applicant’s mark is HOMETAP for “Refrigerated beverage dispensing unit.” The term HOME is defined as “the place where you live” while the term TAP is defined as “: “an object used for controlling how much water, gas, or liquid comes out from a pipe or container.” Please see the attached definitions from www.macmillandictionary.com. The combined wording describes an object used for dispensing liquid of any type at home, presumably beer. Please also see the attached Internet evidence from the applicant’s website, www.sf.hopsy.beer which describes the goods by stating: “The SUB Home Tap is a revolutionary home draft system. It's a plug-and-pour appliance that sits right on your countertop and brings the taproom or beer bar experience into your home.”
Thus, in this case, both the individual components and the composite result are descriptive of applicant’s goods and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods. Specifically, the combined wording describes the exact purpose and function of the goods and does not identify a new or unique meaning.
Therefore based on the above, the mark is refused registration under Section 2(e)(1).
RESPONSE GUIDELINES
Applicant should include the following information on all correspondence with the Office: (1) the name and law office number of the trademark examining attorney, (2) the serial number and filing date of the application, (3) the date of issuance of this Office action, (4) applicant’s name, address, telephone number and e-mail address (if applicable), and (5) the mark. 37 C.F.R. §2.194(b)(1); TMEP §302.03(a).
How to respond. Click to file a response to this nonfinal Office action
/Sanjeev K. Vohra/
Trademark Examining Attorney
Law Office 110
571.272.5885 - Work
571.273.5885 - Fax
sanjeev.vohra@uspto.gov
RESPONSE GUIDANCE