To: | MOD Worldwide, LLC (nptm@nixonpeabody.com) |
Subject: | U.S. Trademark Application Serial No. 88504106 - MILITARY BRIEFS - 080085-9 |
Sent: | September 25, 2019 02:58:11 PM |
Sent As: | ecom101@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88504106
Mark: MILITARY BRIEFS
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Correspondence Address:
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Applicant: MOD Worldwide, LLC
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Reference/Docket No. 080085-9
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 25, 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.
SEARCH RESULTS
The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
However, applicant must comply with the following procedural requirements.
IDENTIFICATION OF GOODS
Applicant has identified the following in Class 25: “briefs; boxer briefs; underwear; novelty clothing, namely, briefs; professional empowerment and motivation themed clothing, namely, briefs; good luck clothing, namely, briefs; gag gifts, namely, clothing; novelty gifts, namely, clothing”
Applicant may adopt the following wording, if accurate:
International Class 25:
Briefs; boxer briefs; underwear; novelty clothing, namely, briefs; professional empowerment and motivation themed clothing, namely, briefs; good luck clothing, namely, briefs; gag gifts, namely, clothing in the nature of {INDICATE specific types of clothing, e.g. underwear, shirts, sweatshirts, hats, socks, etc.}; novelty gifts, namely, clothing in the nature of {INDICATE specific types of clothing, e.g. underwear, shirts, sweatshirts, hats, socks, etc.}
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
DISCLAIMER
In this case, applicant must disclaim the wording “BRIEFS” because it is not inherently distinctive. These unregistrable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The identification of goods includes “briefs.” Therefore, the wording BRIEFS in the mark merely indicates the nature of the goods and will be recognized as such and not as indicating the source of the goods in a proper trademark manner. Please see the attached third party registrations illustrating that the Office routinely requires a disclaimer of such wording under similar circumstances.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “BRIEFS” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
How to respond. Click to file a response to this nonfinal Office action
If the applicant has any questions or needs assistance in responding to this Office Action, please contact the assigned examining attorney.
/Katherine Weigle/
Examining Attorney
Law Office 101
U.S. Patent & Trademark Office
(571) 270-1506
katherine.weigle@uspto.gov
RESPONSE GUIDANCE