To: | The Bali Market LLC (courtney@cmatrademarks.com) |
Subject: | U.S. Trademark Application Serial No. 88591918 - THE BALI MARKET - 1029 |
Sent: | December 02, 2019 12:11:56 PM |
Sent As: | ecom107@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88591918
Mark: THE BALI MARKET
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Correspondence Address:
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Applicant: The Bali Market LLC
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Reference/Docket No. 1029
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: December 02, 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.
SEARCH OF OFFICE’S DATABASE OF MARKS
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).
The examining attorney respectfully advises applicant that this Office Action contains the following requirement(s) summarized immediately below and further explained within the body of this Office Action.
SUMMARY OF ISSUES that applicant must address:
· DISCLAIMER -- the requirement to disclaim the term(s) "MARKET" as to Class 35, as outlined below.
EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED
To permit proper examination of the application, applicant must provide all the following information:
(1) Explain whether the wording in the mark “BALI” has any meaning or significance in the trade or industry in which applicant’s goods and/or services are manufactured or provided, any meaning or significance as applied to applicant’s goods and/or services, or if such wording is a term of art within applicant’s industry.
(2) Respond to the following questions:
See 37 C.F.R. §2.61(b); TMEP §814.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
DISCLAIMER REQUIRED AS TO CLASS 35
Applicant must disclaim the wording “MARKET” in the mark as to class 35 because it merely describes a characteristic, function, feature, or purpose of applicant’s services, namely, the applicant provides a business or trade in a commodity as specified, in this case, the applicant’s goods, and thus is an unregistrable component of the mark. See 15 U.S.C. §§1052(e)(1), 1056(a); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); TMEP §§1213, 1213.03(a).
According to the online OneLook ® Dictionary Search,
the term “MARKET” is defined as: business or trade in a commodity as specified:
the sugar market
http://www.collinsdictionary.com/dictionary/english/the-market
Definition of market (Entry 1 of 2)
1a(1) : a meeting together of people for the purpose of trade by private purchase and sale and usually not by auction
(2) : the people assembled at such a meeting
b(1) : a public place where a market is held
especially : a place where provisions are sold at wholesale
//a farmers' market
(2) : a retail establishment usually of a specified kind
//a fish market
2 archaic : the act or an instance of buying and selling
3 : the rate or price offered for a commodity or security
4a(1) : a geographic area of demand for commodities or services
//sell in the southern market
(2) : a specified category of potential buyers
//the youth market
b : the course of commercial activity by which the exchange of commodities is effected : extent of demand
//the market is dull
c(1) : an opportunity for selling
//a good market for used cars
(2) : the available supply of or potential demand for specified goods or services
//the labor market
d : the area of economic activity in which buyers and sellers come together and the forces of supply and demand affect prices
//producing goods for market rather than for consumption
in the market
: in the position of being a potential buyer
//in the market for a house
on the market
: available for purchase
also : up for sale
//put their house on the market
Definition of market (Entry 2 of 2)
1 : to expose for sale in a market
2 : sell
http://www.merriam-webster.com/dictionary/market
For purposes of evaluating a trademark, material obtained from the Internet is generally accepted as competent evidence. See In re Bayer Aktiengesellschaft, 488 F.3d 960, 966, 82 USPQ2d 1828, 1833 (Fed. Cir. 2007); In re Reed Elsevier Props., Inc., 482 F.3d 1376, 1380, 82 USPQ2d 1378, 1381 (Fed. Cir. 2007); TBMP §1208.03; TMEP §710.01(b).
An applicant may not claim exclusive rights to terms that others may need to use to describe their goods and/or services in the marketplace. See Dena Corp. v. Belvedere Int’l, Inc., 950 F.2d 1555, 1560, 21 USPQ2d 1047, 1051 (Fed. Cir. 1991); In re Aug. Storck KG, 218 USPQ 823, 825 (TTAB 1983). A disclaimer of unregistrable matter does not affect the appearance of the mark; that is, a disclaimer does not physically remove the disclaimed matter from the mark. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 978, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP §1213.
If applicant does not provide the required disclaimer, the USPTO may refuse to register the entire mark. See In re Stereotaxis Inc., 429 F.3d 1039, 1040-41, 77 USPQ2d 1087, 1088-89 (Fed. Cir. 2005); TMEP §1213.01(b).
Applicant should submit a disclaimer in the following standardized format:
No claim is made to the exclusive right to use “MARKET” as to Class 35 apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this disclaimer requirement online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/disclaimer.jsp.
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.
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and email technical questions to TEAS@uspto.gov.
/Ronald E. DelGizzi/
Trademark Examining Attorney
Law Office 107
Phone - (571) 272-2754
ronald.delgizzi@uspto.gov
RESPONSE GUIDANCE