To: | Ace E-commerce LLC (tnaeckel@cox.net) |
Subject: | U.S. Trademark Application Serial No. 88541135 - DECIBEL - Decibel Sty |
Sent: | December 16, 2019 11:11:33 AM |
Sent As: | ecom105@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88541135
Mark: DECIBEL
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Correspondence Address: 15850 N. THOMPSON PEAK PKWY #2161
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Applicant: Ace E-commerce LLC
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Reference/Docket No. Decibel Sty
Correspondence Email Address: |
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FINAL OFFICE ACTION
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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: December 16, 2019
This Office action is in response to applicant’s communication filed on November 22, 2019, 2019.
In the previous Office action, applicant was required to clarify the drawing, mark description, and color claim. Applicant responded by amending the drawing, amending the mark description, and clarifying the color claim.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
CLARIFICATION OF DRAWING, MARK DESCRIPTION, AND COLOR CLAIM REQUIRED
In its response, applicant amended the mark description and color claim to indicate that it is not claiming color as a feature of the mark. Yet, the drawing, as amended, shows the mark in the color brown. Therefore, the requirement to clarify the drawing, mark description, and color claim is now made FINAL.
Applicant may respond to this requirement by satisfying one of the following:
(1) If color is not a feature of the mark, applicant must submit a black-and-white drawing of the mark to replace the color drawing. See TMEP §807.07(a)(i). However, any other amendments to the drawing will not be accepted if they materially alter the mark. 37 C.F.R. §2.72; see TMEP §§807.14 et seq. Applicant must also submit a revised description of all literal and design elements in the mark, deleting any reference to color, if appropriate. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. The following description is suggested, if accurate: The mark consists of “DECIBEL” in stylized font.
(2) If color is a feature of the mark, applicant must submit a statement (a) listing all the colors that are claimed as a feature of the mark and (b) describing all the literal and design elements in the mark that specifies where each color appears in those elements. 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §807.07(a)-(a)(ii). Generic color names must be used to describe the colors in the mark, e.g., red, yellow, blue. TMEP §807.07(a)(i)-(ii). If black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark, applicant must so specify in the description. See TMEP §807.07(d). The following color claim and description are suggested, if accurate:
Color claim: The color brown is claimed as a feature of the mark.
Description: The mark consists of “DECIBEL” in brown, stylized font.
See TMEP §807.07(b).
NOTE: If applicant chooses to add a color claim without amending the drawing, the current drawing will not match the specimen filed with the application because the drawing shows the mark in brown and the specimen shows the mark in orange.
ASSISTANCE
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 request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
Robert N. Guliano
/Robert N. Guliano/
robert.guliano@uspto.gov
571-272-0174
Examining Attorney
Law Office 105
RESPONSE GUIDANCE