To: | Hub Pen Company, LLC (pambaker@hubpen.com) |
Subject: | U.S. Trademark Application Serial No. 88572656 - HUB - N/A |
Sent: | November 16, 2019 12:26:45 PM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88572656
Mark: HUB
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Correspondence Address:
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Applicant: Hub Pen Company, LLC
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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: November 16, 2019
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.
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).
ACTIVITY NOT A SERVICE
Providing advertising or promotional goods and/or services to retail or wholesale businesses that sell applicant’s products is not a sufficiently separate activity from the sale of applicant’s goods to constitute a registrable service as contemplated by the Trademark Act. See In re Radio Corp. of Am., 205 F.2d 180, 98 USPQ 157 (C.C.P.A. 1953) (holding that “package” radio programs using only applicant’s records are advertising for applicant’s records and not a registrable service); In re SCM Corp., 209 USPQ 278 (TTAB 1980) (holding that supplying retailers with merchandising aids and store displays for applicant’s goods does not constitute a separate, registrable service but is merely promotional matter intended to facilitate the sale of applicant’s goods); Ex parte Wembley, Inc., 111 USPQ 386 (Comm’r Pats. 1956) (holding that national advertising program for wholesalers and retailers selling applicant goods not a registrable service because such advertising is normally expected of manufacturers of nationally distributed products, and is done in furtherance of the sale of the advertised products); TMEP §1301.01(b)(i).
IDENTIFICATION OF GOODS
Therefore, if applicant is providing its goods for sale in commerce and not for purposes of advertising and promoting for the sale of its own goods then applicant may amend its identification of goods as follows, if accurate:
International Class 016
Promotional writing instruments; Promotional blank journals; Promotional packaging {applicant
must specify the nature of the packaging, e.g., cardboard, paper pouches, etc.}
How to respond. Click to file a response to this nonfinal Office action
/C. Dionne Clyburn/
C. Dionne Clyburn
LO 110
571-272-9358
dionne.clyburn@uspto.gov
RESPONSE GUIDANCE