To: | Aidite (Qinhuangdao) Technology Co., Ltd ETC. (ptodocket@bgdlegal.com) |
Subject: | U.S. Trademark Application Serial No. 88481297 - NAGY - 131817000005 |
Sent: | February 01, 2020 06:43:16 PM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88481297
Mark: NAGY
|
|
Correspondence Address: |
|
Applicant: Aidite (Qinhuangdao) Technology Co., Ltd ETC.
|
|
Reference/Docket No. 131817000005
Correspondence Email Address: |
|
SUSPENSION NOTICE
No Response Required
Issue date: February 01, 2020
The application is suspended for the reason(s) specified below. See 37 C.F.R. §2.67; TMEP §§716 et seq.
Application suspended until submission of foreign registration or proof that foreign registration was renewed. Applicant is required to provide a copy of a foreign registration from applicant’s country of origin; the foreign registration must be valid when the U.S. registration issues. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii)-(iii); TMEP §§1004, 1004.01(a). Action on the application is suspended until the USPTO receives a copy of such foreign registration or proof that the foreign registration was renewed. TMEP §§716.02(b), 1003.04. Applicant must also provide an English translation if the foreign registration or renewal document is not in English. 37 C.F.R. §2.34(a)(3)(ii)-(iii).
If the foreign application abandons or the foreign registration is not renewed, applicant should promptly notify the trademark examining attorney. See TMEP §§1003.08, 1004.01(a). In such case, applicant may amend the application to rely on another filing basis, if appropriate, and will retain the priority filing date, if applicable. TMEP §§1003.08, 1004.01(a).
Suspension process. The USPTO will periodically check this application to determine if it should remain suspended. See TMEP §716.04. As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension. TMEP §716.05.
No response required. Applicant may file a response, but is not required to do so.
The amended identification clause is accepted. However, the refusal to register on grounds that the term NAGY is primarily merely a surname is maintained under Section 2 (e )(4) of the Trademark Act.
Evidence has been made of record establishing that NAGY has surname significance. “There is no rule as to the kind or amount of evidence necessary to show that [a] mark would be perceived as primarily merely a surname.” In re Eximius Coffee, LLC, 120 USPQ2d 1276, 1278 (TTAB 2016); see TMEP §1211.01. Each case is decided on its own facts, based on the evidence of record. TMEP §1211.01; see In re Eximius Coffee, LLC, 120 USPQ2d at 1278 (citing In re Etablissements Darty et Fils, 759 F.2d 15, 17, 225 USPQ 652, 653 (Fed. Cir. 1985)).
The following are examples of evidence that is generally considered to be relevant to such a determination: telephone directory listings, excerpted listings and articles from computerized research databases, applicant’s website, evidence in the application record showing the term used as a surname, the manner of use on specimens, dictionary definitions of the term and evidence from dictionaries showing no definition of the term. See TMEP §1211.02(b)(i)-(b)(iii), (b)(v)-(b)(vi).
The applicant asserts that the term is an acronym for its business slogan, and equivalent to a saying from the Chinese. However, the applicant has introduced no evidence, other than this statement, that such is the significance of the term NAGY.
For these reasons, the surname refusal is maintained. Once the certificate is of record, it is suggested that the applicant amend the application to seek registration on the Supplemental Register.
/Henry S. Zak/
Henry S. Zak
Examining Attorney
Law Office 119
(571)272-9354
henry.zak@uspto.gov