To: | EVLUTION NUTRITION, LLC (darren@heitnerlegal.com) |
Subject: | U.S. Trademark Application Serial No. 88581780 - ENGN SHRED - N/A |
Sent: | October 17, 2019 01:31:23 PM |
Sent As: | ecom101@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88581780
Mark: ENGN SHRED
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Correspondence Address:
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Applicant: EVLUTION NUTRITION, 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: October 17, 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.
Office Search
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).
Disclaimer
In this case, applicant must disclaim the term “SHRED” in the mark because it is not inherently distinctive. The term at best is merely descriptive of a feature or purpose of applicant’s dietary and nutritional supplements which feature a “shredding formula” for dropping fat and water weight and boosting energy for exercise thereby leading to a more “shredded” appearance. See applicant’s descriptive use of term “shredding formula” in specimen. See also dictionary definition attached, verb entry #3. 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).
Furthermore, the attached internet evidence from third party nutritional supplement manufacturer and distributor websites shows the term “SHRED” being used to describe the effect of certain supplements for creating maximum muscle mass. This is the intended and desired effect from using applicant’s supplements which are designed to boost energy, burn fat, promote weight loss, and shred muscle. Shredding muscle means losing body fat percentage to expose more muscle definition. Supplements can help burn fat faster to achieve a muscle-shredding goal in less time
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “SHRED” 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.
Telephone Call Encouraged
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
/Russ Herman/
Examining Attrorney
Law Office 101
(571)272-9172
russ.herman@uspto.gov
RESPONSE GUIDANCE