To: | Where I'm From Apparel, LLC (iplaw@etblaw.com) |
Subject: | U.S. Trademark Application Serial No. 88598078 - CLVLND - 41759.50006 |
Sent: | December 04, 2019 02:18:35 PM |
Sent As: | ecom117@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88598078
Mark: CLVLND
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Correspondence Address:
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Applicant: Where I'm From Apparel, LLC
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Reference/Docket No. 41759.50006
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 04, 2019
SECTION 2(e)(2) REFUSAL – PRIMARILY GEOGRAPHICALLY DESCRIPTIVE
The applied-for mark is “CLVLND” for “Crew necks; shirts; short-sleeved or long-sleeved t-shirts; sweatshirts; tank tops; hoodies; hats” in Class 25.
A mark is primarily geographically descriptive when the following is demonstrated:
(1) The primary significance of the mark is a generally known geographic place or location;
(2) The goods for which applicant seeks registration originate in the geographic place identified in the mark; and
(3) Purchasers would be likely to make a goods-place; that is, purchasers would be likely to believe that the goods originate in the geographic place identified in the mark.
TMEP §1210.01(a); see In re Societe Generale des Eaux Minerales de Vittel S.A., 824 F.2d 957, 959, 3 USPQ2d 1450, 1452 (Fed. Cir. 1987); In re Hollywood Lawyers Online, 110 USPQ2d 1852, 1853 (TTAB 2014).
The Primary Significance of the Mark is a Generally Known Geographic Place or Location
The primary significance of “CLVLND” is a geographic location, namely Cleveland, a city in Ohio. Commonly used nicknames for geographic locations are generally treated as equivalent to the proper geographic name of the place identified. TMEP §1210.02(a); see, e.g., In re Carolina Apparel, 48 USPQ2d 1542, 1543 (TTAB 1998) (holding CAROLINA APPAREL primarily geographically descriptive of retail clothing store services where evidence showed that “Carolina” is used to indicate either the state of North Carolina or South Carolina); In re Charles S. Loeb Pipes, Inc., 190 USPQ 238, 245 (TTAB 1976) (holding OLD DOMINION is “the accepted nickname for the State of Virginia”).
The attached internet evidence shows that the primary significance of the term “CLVLND” is the name of a geographic location, namely, Cleveland, Ohio. A purchaser will think of Cleveland, the city in Ohio, upon encountering the applied-for mark.
The Goods Originate In Cleveland, the Geographic Place or Location Identified in the Mark
The Trademark Trial and Appeal Board has stated that the purpose of Trademark Act Section 2(e)(2) is “to leave geographic names free for all businesses operating in the same area to inform customers where their goods or services originate.” In re Spirits of New Merced, 85 USPQ2d at 1621 (citing In re MCO Props. Inc., 38 USPQ2d 1154, 1156 (TTAB 1995)).
In this case the attached screenshot from applicant’s website shows that applicant operates two storefronts within 21.6 miles of Cleveland, Ohio. Therefore the goods originate in Cleveland, the geographic place identified in the mark.
Purchasers are Likely to Make a Goods-Place Association
In sum, the primary significance of “CLVLND” is Cleveland, Ohio, the goods originate in Cleveland, Ohio, and therefore a public association of the goods with the place is presumed. Thus registration must is refused under Section 2(e)(2) of the Trademark Act. 15 U.S.C. §1052(e)(2).
SUPPLEMENTAL REGISTER ADVISORY
The applied-for mark has been refused registration on the Principal Register. Applicant may respond to the refusal by submitting evidence and arguments in support of registration and/or by amending the application to seek registration on the Supplemental Register. See 15 U.S.C. §1091; 37 C.F.R. §§2.47, 2.75(a); TMEP §§801.02(b), 816. Amending to the Supplemental Register does not preclude applicant from submitting evidence and arguments against the refusal. TMEP §816.04.
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.
Sagar Vengurlekar
/Sagar Vengurlekar/
Trademark Examining Attorney
Law Office 117
Phone: (571) 272-5396
Sagar.Vengurlekar@uspto.gov
RESPONSE GUIDANCE