To: | Rugby City (gregory@paiplaw.com) |
Subject: | U.S. Trademark Application Serial No. 88497936 - CONVEX - N/A |
Sent: | September 21, 2019 09:18:32 PM |
Sent As: | ecom109@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. 88497936
Mark: CONVEX
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Correspondence Address: 16830 VENTURA BLVD., SUITE 360
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Applicant: Rugby City
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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 21, 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.
Section 2(e)(1) Merely Descriptive Refusal
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
In the context of applicant’s goods “rugby balls,” the applied-for mark “CONVEX” merely describes a characteristic or feature of applicant’s goods. To that point, the term “CONVEX” refers to a “curved or rounded outward like the exterior of a sphere or circle.” See the attached Merriam-Webster Dictionary evidence from http://www.merriam-webster.com/dictionary/convex. Furthermore, the term “CONVEX” is commonly used to describe the shape of a rugby ball. See the attached internet evidence from http://www.grammarly.com/blog/concave-vs-convex/, http://books.google.com/books?id=j6VaDwAAQBAJ&pg=PT395&lpg=PT395&dq=what+shape+is+a+rugby+ball+and+%22convex%22&source=bl&ots=0hgVLxaUgs&sig=ACfU3U2G8YURjtD8suOI_6nez_y1TP6SkQ&hl=en&sa=X&ved=2ahUKEwjNuovAn-PkAhUBVd8KHcfBDP8Q6AEwGXoECAoQAQ#v=onepage&q&f=false, and http://books.google.com/books?id=3gpuDwAAQBAJ&pg=PA90&lpg=PA90&dq=what+shape+is+a+rugby+ball+and+%22convex%22&source=bl&ots=npGIlNxTIs&sig=ACfU3U0rVDbce1jZM_efOOKBVplFeqJvDg&hl=en&sa=X&ved=2ahUKEwjNuovAn-PkAhUBVd8KHcfBDP8Q6AEwF3oECAgQAQ#v=onepage&q=what%20shape%20is%20a%20rugby%20ball%20and%20%22convex%22&f=false. Because the term “CONVEX” may be used in connection with rugby balls to describe shape, upon encountering the mark as used on the applied-for goods, consumers will immediately understand that the term “CONVEX” merely describes a characteristic or feature of applicant’s goods, namely, that its rugby balls are curved or rounded outward in shape.
Therefore, applicant’s mark must be refused registration on the Principal Register based on Section 2(e)(1) of the Trademark Act as it is merely descriptive of the applied-for goods.
Advisory – Supplemental Register
COMMUNICATIONS WITH THE TRADEMARK OFFICE
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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
/Lauren R. Roncoroni/
Lauren R. Roncoroni
Trademark Examining Attorney
Law Office 109
(571) 270-5661
Lauren.Roncoroni@uspto.gov
RESPONSE GUIDANCE