To: | Gagnon, Timothy (timgagnonorg@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88511393 - ILLUMINATED MESSIAH - N/A |
Sent: | October 12, 2019 12:28:19 PM |
Sent As: | ecom115@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88511393
Mark: ILLUMINATED MESSIAH
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Correspondence Address:
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Applicant: Gagnon, Timothy
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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: October 12, 2019
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. Nevertheless, the applicant must respond to the following issue(s).
SECTION 2(E)(1) REFUSAL - DESCRIPTIVE
The applicant has sought to register the mark ILLUMINATED MESSIAH for use in connection with art exhibitions. The mark combines the descriptive terms ILLUMINATED and MESSIAH and creates no commercial separate and apart from the component terms. The attached evidence from the Lexicos/Oxford online dictionary shows that ILLUMINATED denotes decorated with gold or colored designs. The attached evidence from the Merriam-Webster online dictionary shows that MESSIAH denotes the expected deliverer and king of the Jews and/or Jesus.
Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable. See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
In this case, both the individual components and the composite result are descriptive of applicant’s services and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods and/or services. Specifically, the mark denotes illuminated styled paintings (typical of Bibles or manuscripts) on the subject matter of Jesus or the Messiah. Attached are copies of applicant’s webpage showing the exhibit consists of Illuminated style paintings, which will comprise or derive from an illuminated Bible prepared by the applicant, all featuring depictions of Jesus or the Messiah.
Therefore, the mark ILLUMINATED MESSIAH as applied to the identified services merely describes a feature or features of the services, namely, Illuminated style paintings depicting the Messiah, namely, Jesus Christ. Accordingly, the proposed mark is merely descriptive and registration on the Principal Register is therefore refused under Section 2(e)(1) of the Trademark Act.
Please note that the instant application was filed under Trademark Act Section 1(b) and is not eligible for registration on the Supplemental Register until an acceptable amendment to allege use meeting the requirements of 37 C.F.R. §2.76 has been timely filed. 37 C.F.R. §2.47(d); TMEP §§816.02, 1102.03. If applicant files an acceptable allegation of use and also amends to the Supplemental Register, the application effective filing date will be the date applicant met the minimum filing requirements under 37 C.F.R. §2.76(c) for an amendment to allege use. TMEP §§816.02, 1102.03; see 37 C.F.R. §2.75(b). In addition, the undersigned trademark examining attorney will conduct a new search of the USPTO records for conflicting marks based on the later application filing date. TMEP §§206.01, 1102.03.
GENERAL INFORMATION
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
Please feel free to contact the undersigned attorney if you wish to discuss this application, the issues raised herein and/or potential responses thereto.
/John S. Yard/
John S. Yard
Examining Attorney
Law Office 115
(571)272-9486
john.yard@uspto.gov
RESPONSE GUIDANCE