To: | FloraCraft Corporation (trademarks@wnj.com) |
Subject: | U.S. Trademark Application Serial No. 88529712 - CRAFTFOM - N/A |
Sent: | October 22, 2019 09:14:10 AM |
Sent As: | ecom103@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88529712
Mark: CRAFTFOM
|
|
Correspondence Address: |
|
Applicant: FloraCraft Corporation
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
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 22, 2019
This office action is consistent with the office action in co-pending serial no. 88398362.
SEARCH FOR CONFLICTING 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).
PLEASE NOTE: Applicant is encouraged to email the trademark examining attorney to resolve the issues raised below by authorizing an examiner’s amendment. The Applicant may provide the serial number of the application and the following response: “I authorize the amendment(s) as suggested.” paul.moreno@uspto.gov
Applicant must respond to the following requirements.
DISCLAIMER REQUIREMENT
The applicant must insert a disclaimer of "CRAFT FOAM" in the application because CRAFT FOAM merely describes the nature of applicant’s goods. See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a). Applicant has applied to register CRAFTFŌM for “Foam supports for floral arrangements; Plastic foam used for arts and crafts; Plastic foam molded into shapes used for arts and crafts; water-absorbing plastic foam for use in making floral arrangements.” As the attached dictionary evidence shows, the term “foam” is defined as “a lightweight form of rubber or plastic made by solidifying liquid foam.” The term “CRAFT” is defined as “works or objects made by hand.” The identification of goods specifies that the applied-for goods are foam for a variety of uses, including foam for arts and crafts. Accordingly, the applied-for CRAFTFŌM merely describes a feature of the applied-for goods, namely, that they are foam used for arts and crafts projects made by hand.
Although applicant’s mark contains the wording CRAFTFOM which is a novel spelling of the descriptive wording “CRAFT FOAM” the disclaimer must appear in its correct spelling, i.e., “CRAFT FOAM”. See In re Omaha Nat’l Corp., 819 F.2d 1117, 1119, 2 USPQ2d 1859, 1861 (Fed. Cir. 1987); In re Carlson, 91 USPQ2d 1198, 1203 (TTAB 2009); TMEP §1213.08(c).
The Office can require an applicant to disclaim an unregistrable part of a mark consisting of particular wording, symbols, numbers, design elements or combinations thereof. 15 U.S.C. §1056(a). Under Section 2(e) of the Trademark Act, the Office can refuse registration of an entire mark if the entire mark is merely descriptive, deceptively misdescriptive, or primarily geographically descriptive of the goods. 15 U.S.C. §1052(e). Thus, the Office may require an applicant to disclaim a portion of a mark that, when used in connection with the goods or services, is merely descriptive, deceptively misdescriptive, primarily geographically descriptive, or otherwise unregistrable (e.g., generic). TMEP §1213.03(a).
A "disclaimer" is a statement that applicant does not claim exclusive rights to an unregistrable component of a mark. TMEP §1213. A disclaimer does not affect the appearance of the applied-for mark. See TMEP §1213.10.
A disclaimer does not physically remove the disclaimed matter from the mark, but rather is a written statement that applicant does not claim exclusive rights to the disclaimed wording and/or design separate and apart from the mark as shown in the drawing. TMEP §§1213, 1213.10.
The following cases further explain the disclaimer requirement: Dena Corp. v. Belvedere Int’l Inc., 950 F.2d 1555, 21 USPQ2d 1047 (Fed. Cir. 1991); In re Kraft, Inc., 218 USPQ 571 (TTAB 1983).
Applicant may submit the following:
DISCLAIMER
No claim is made to the exclusive right to use "CRAFT FOAM" apart from the mark as shown.
TMEP §1213.08(a)(i); see In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).
DESCRIPTION OF THE MARK/COLOR CLAIM AND LOCATION STATEMENT
Applicant must submit a concise description of the mark. 37 C.F.R. §2.37; see TMEP §§808 et seq. The following is suggested:
The mark consists of the word CRAFT in grey and the term FoM in green with a latin small letter o with macron all to the left of a leaf design half in green and half in grey. The color white appears as background and is not part of the mark.
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
/Paul A. Moreno/
United States Patent and Trademark Office
Attorney
Law Office 103
571-272-2651
paul.moreno@uspto.gov
RESPONSE GUIDANCE