To: | M S International, Inc. (trademarks@rutan.com) |
Subject: | U.S. Trademark Application Serial No. 88513154 - BEDROCK - 101660.0107T |
Sent: | September 04, 2019 05:49:31 PM |
Sent As: | ecom117@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 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34 Attachment - 35 Attachment - 36 Attachment - 37 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88513154
Mark: BEDROCK
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Correspondence Address: |
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Applicant: M S International, Inc.
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Reference/Docket No. 101660.0107T
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 04, 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.
SEARCH RESULTS
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).
MARK IS MERELY DESCRIPTIVE - REFUSAL
Registration is refused because the applied-for mark merely describes the material component of applicant’s goods. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
In this case, the applicant’s mark is BEDROCK, in standard characters, for “Slabs of natural quartz.”
The term BEDROCK is defined as: “the solid rock under the ground that supports the soil above it; solid unweathered rock lying beneath surface deposits of soil.”
Quartz is often formed from bedrock. In fact, “quartz veins are often formed in areas where the bedrock is fractured by tectonic and volcanic activity.” http://www.wikihow.com/Identify-Gold-in-Quartz See also attached example of applicant’s goods featuring quartz which incorporate bedrock: http://granitetops.com/quartz/msi-quartz/bedrock/
See also: “Most of the deposits in bedrock are quartz veins, or flat-lying blanket deposits of milky quartz roughly parallel to the enclosing sediments, or a combination of these two types. The clear crystal usually occurs in vugs or pockets and appears to have formed later than the bulk of the milky quartz.” http://www.minsocam.org/msa/collectors_corner/arc/quartzdep.htm
See other 3rd party examples of “bedrock” stone which illustrate the use of bedrock as a material component of stone. http://bedrocknaturalstone.com/
“Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
Based on the above, the mark is descriptive of the subject of the goods.
Generic – Advisory
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
Andrea D. Saunders
/Andrea D. Saunders/
Trademark Attorney
Law Office 117
571-270-3856
Andrea.Saunders@uspto.gov
RESPONSE GUIDANCE