To: | DRVIN, LLC (ip@finchpaolino.com) |
Subject: | U.S. Trademark Application Serial No. 88495524 - VINO VAPOR - N/A |
Sent: | September 20, 2019 09:50:04 AM |
Sent As: | ecom111@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88495524
Mark: VINO VAPOR
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Correspondence Address:
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Applicant: DRVIN, LLC
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Reference/Docket No. N/A
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 20, 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.
No Conflicting Marks
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Registration Refused – Mark is Merely Descriptive
Applicant has applied to register VINO VAPOR for “Alcoholic beverages, namely, wine based drinks containing seltzer; Alcoholic carbonated beverages, except beer; Prepared wine cocktails; Wine-based drinks.”
The attached evidence shows that VINO means “wine,” and further that using wine as vapor is a common practice. Together, the wording is merely descriptive of a feature of the goods.
The applied-for mark merely describes a feature of applicant’s goods and registration is refused. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
Questions Regarding Office Action
How to respond. Click to file a response to this nonfinal Office action
/allison holtz/
Allison Holtz
Law Office 111
allison.holtz@uspto.gov (preferred)
571-272-9383
RESPONSE GUIDANCE