To: | Automated Pet Care Products, Inc. (tmapps@krinternetlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88572718 - CATPOOP.COM - N/A |
Sent: | September 26, 2019 12:24:43 PM |
Sent As: | ecom128@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88572718
Mark: CATPOOP.COM
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Correspondence Address:
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Applicant: Automated Pet Care Products, Inc.
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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: September 26, 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.
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).
Section 2(e)1 Refusal – Merely Descriptive
The applied-for mark consists of the wording “CATPOOP”, combined with the non-source-identifying generic top-level domain (gTLD) “.COM.” The attached evidence from merriam-webster.com, cnn.com, webmd.com and thesprucepets.com shows that “CAT POOP” refers to cat feces which is commonly deposited in litter boxes which are filled with cat litter. Thus, the wording merely describes applicant’s goods because the applicant sells cat litter which is used in litter boxes where “CAT POOP” is deposited.
Further, the attached evidence from foldoc.org, dictionary.com and pc.net shows that the gTLD “.COM” is defined as “the top-level domain originally for American companies.” This evidence shows that the gTLD is merely descriptive of applicant’s goods because it directly conveys that the goods are provided by a commercial entity on the Internet.
Additionally, a gTLD generally serves no source-indicating function because it will usually be perceived only as part of an Internet address; thus, adding it to an otherwise unregistrable mark typically does not render the mark registrable. TMEP §1209.03(m); see In re Oppedahl & Larson LLP, 373 F.3d 1171, 1177, 71 USPQ2d 1370, 1374 (Fed. Cir. 2004); In re Microsoft Corp., 68 USPQ2d 1195, 1202-03 (TTAB 2003); TMEP §1215.04; see also In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1422 (Fed. Cir. 2005) (“Only in rare instances will the addition of a [g]TLD indicator to a descriptive term operate to create a distinctive mark.”).
In the present case, the non-source-identifying gTLD, when combined with the descriptive wording in the mark, adds no source-identifying significance but retains its significance as indicating an Internet address only. Accordingly, the combination of the merely descriptive wording “CATPOOP” coupled with the non-source-identifying gTLD “.COM” is merely descriptive of applicant’s goods because this combination immediately informs prospective purchasers that applicant’s goods include cat waste related products such as cat litter and are from an Internet business.
Therefore the mark is merely descriptive of the applicant’s goods.
If applicant files an acceptable allegation of use and also amends to the Supplemental Register, the application effective filing date will be the date applicant met the minimum filing requirements under 37 C.F.R. §2.76(c) for an amendment to allege use. TMEP §§816.02, 1102.03; see 37 C.F.R. §2.75(b). In addition, the undersigned trademark examining attorney will conduct a new search of the USPTO records for conflicting marks based on the later application filing date. TMEP §§206.01, 1102.03.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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
/Ojeyemi, Ashley/
Examining Attorney
Law Office 128
(571)270-3399
ashley.ojeyemi@uspto.gov
RESPONSE GUIDANCE