To: | World Conference of Christian Churches o ETC. (trademark@gg-law.com) |
Subject: | U.S. Trademark Application Serial No. 88475844 - CHRISTIAN CHURCHES OF GOD - 2254 |
Sent: | September 13, 2019 05:04:36 PM |
Sent As: | ecom118@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88475844
Mark: CHRISTIAN CHURCHES OF GOD
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Correspondence Address: 8280 GREENSBORO DRIVE, SUITE 140
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Applicant: World Conference of Christian Churches o ETC.
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Reference/Docket No. 2254
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 13, 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 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).
SECTION 2(e)(1) REFUSAL – MERELY DESCRIPTIVE
Applicant is seeking registration of the mark CHRISTIAN CHURCH OF GOD in connection with downloadable electronic publications, namely, brochures, study guides, pamphlets, sermons, educational materials, and children's coloring pages, games, and puzzles, in the fields of Christianity, religion, theology, and spirituality; downloadable audio recordings featuring sermons and information in the fields of Christianity, religion, theology, and spirituality.
The word “CHRISTIAN” means relating to or characteristic of Christianity or its adherents. Please see the attached dictionary definition from the American Heritage Dictionary. The identification of goods states that the goods are provided on the subject of Christianity and the specimens specifically refer to Christians. Thus, the word CHRISTIAN appears to be generic for these goods.
The remaining wording in the mark CHURCHES OF GOD is descriptive of the applicant’s goods. Please see the attached printout from the applicant’s website, www.ccg.org discussing that the Christian Churches of God is the largest of the modern branches of the Church of God.
Because the proposed mark CHRISTIAN CHURCHES OF GOD merely describes the user and provider of the goods, registration is refused on the Principal Register under Section 2(e)(1) of the Trademark Act.
Response Option: Claim Acquired Distinctiveness with Disclaimer
To amend the application to Section 2(f) based on five years’ use, applicant should request that the application be amended to assert a claim of acquired distinctiveness under Section 2(f) and submit the following written statement claiming acquired distinctiveness, if accurate:
The mark has become distinctive of the goods and/or services through the applicant’s substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
TMEP §1212.05(d); see 15 U.S.C. §1052(f); 37 C.F.R. §2.41(a)(2); TMEP §1212.08. This statement must be verified with an affidavit or signed declaration under 37 C.F.R. §2.20. 37 C.F.R. §2.41(a)(2); TMEP §1212.05(d); see 37 C.F.R. §2.193(e)(1).
Applicant may submit a disclaimer in the following format:
No claim is made to the exclusive right to use “CHRISTIAN” apart from the mark as shown.
TMEP §1213.08(a)(i).
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
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
/Katherine DuBray/
Trademark Examining Attorney
Law Office 118
(571) 272-4815
katherine.dubray@uspto.gov
RESPONSE GUIDANCE