To: | Reckitt Benckiser LLC (mlerner@ssbb.com) |
Subject: | U.S. Trademark Application Serial No. 88546260 - LYSOL BRAND HERE FOR HEALTHY - 104888-00713 |
Sent: | January 31, 2020 10:23:35 AM |
Sent As: | ecom115@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88546260
Mark: LYSOL BRAND HERE FOR HEALTHY
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Correspondence Address:
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Applicant: Reckitt Benckiser LLC
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Reference/Docket No. 104888-00713
Correspondence Email Address: |
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NONFINAL 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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: January 31, 2020
This Office action is in response to applicant’s communication filed on January 7, 2020. The applicant 1) amended the color claim and color location statements, 2) amended the identification of services and 3) submitted a new drawing. Nos. 1 and 2 are acceptable. Please note the following NEW drawing requirement and continued disclaimer requirement. In addition, the applicant must respond to the disclaimer requirement.
DRAWING UNACCEPTABLE - USE OF REGISTRATION SYMBOL
Applicant must submit a new drawing with the ® symbol deleted from the drawing of the mark; this symbol is not part of the mark and is not registrable. See 37 C.F.R. §2.72; TMEP §807.14(a). Although applicant must delete this matter, applicant may not make any other changes or amendments that would materially alter the drawing of the mark. See 37 C.F.R. §2.72; TMEP §§807.14 et seq. For more information about deleting matter from the drawing, see the Drawing webpage.
DISCLAIMER
In this case, applicant must disclaim the wording “FOR HEALTHY SCHOOLS in the mark 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 attached evidence from The American Heritage Dictionary shows the wording “healthy” is defined as “conducive to good health; healthful,” and the wording “schools” is defined as “2. An institution for instruction in a skill or business.” The combined wording “FOR HEALTHY SCHOOLS” describes the subject matter of the printed educational and information services, namely, information about institutions that are in good health. Thus, the wording merely describes applicant’s goods and/or services and must be disclaimed.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “FOR HEALTHY SCHOOLS” 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.
The requirement for a disclaimer is continued and maintained.
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 response to this nonfinal Office action.
/Josette M. Beverly/
Josette M. Beverly
Examining Attorney
Law Office 115
571-272-9399
Josette.Beverly@uspto.gov
RESPONSE GUIDANCE