To: | NetEnt Product Services Ltd (trademarks@brookskushman.com) |
Subject: | U.S. Trademark Application Serial No. 88590215 - GRAND SPINN SUPERPOT - AJG0315TUS |
Sent: | October 01, 2019 07:32:34 AM |
Sent As: | ecom127@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88590215
Mark: GRAND SPINN SUPERPOT
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Correspondence Address:
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Applicant: NetEnt Product Services Ltd
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Reference/Docket No. AJG0315TUS
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 01, 2019
DATABASE 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).
In this case, applicant must disclaim “SPIN” because it is not inherently distinctive. This unregistrable term is at best merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s 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 word “SPIN” refers to “the spin button or pulling the lever on the side of the slot machine activates the spinning of the reels to determine if you won or not.” See attached definition from the World Casino Directory. The additional “N” on the end of “SPIN” does not change the meaning of the word. Therefore, the word “SPIN” in the applied-for mark immediately conveys to purchasers that applicant’s gaming software features a spin button that activates the spinning of reels to determine whether the user won or not. Moreover, the internet evidence shows that the word SPIN is used to describe gaming software that enables users to spin reels to determine whether they have won. See attached evidence from Bitcoin Gambling Guide, Prime Slots, and Great Day Games. Thus, when purchasers see the word “SPIN” in the applied-for mark, they will immediately understand that applicant’s software enables users to spin reels to determine whether the user won or not. Therefore, “SPIN” is descriptive of applicant’s 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 “SPIN” 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.
RESPONDING TO THIS OFFICE ACTION
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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
/Carolyn R. Detmer/
Carolyn R. Detmer
Examining Attorney
Law Office 127
571-272-2722
carolyn.detmer1@uspto.gov
RESPONSE GUIDANCE