To: | DUCLEAUX GROUP INC. (mgooge@robinsoniplaw.com) |
Subject: | U.S. Trademark Application Serial No. 88605470 - LES ROCHES VINEYARD - 03.02959.030 |
Sent: | December 16, 2019 10:28:12 AM |
Sent As: | ecom117@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88605470
Mark: LES ROCHES VINEYARD
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Correspondence Address: |
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Applicant: DUCLEAUX GROUP INC.
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Reference/Docket No. 03.02959.030
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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 16, 2019
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must address issue shown below. On December 13, 2019, the examining attorney and Matthew Googe discussed the issue below. Applicant must timely respond to this issue. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
Amended Translation Requirement
Applicant must submit an amended statement translating the foreign wording in the mark, LES ROCHES, as the current translation for ROCHES does not include all foreign wording in the mark. See TMEP §809; 37 C.F.R. §§2.32(a), 2.61(b). Knowledge of the meaning of foreign words in marks is necessary for proper examination, because a foreign term is regarded in the same way as its English equivalent in determining descriptiveness, requiring disclaimer, and citing marks under §2(d) of the Act (see TMEP §§1207.01(b)(vi) and 1209.03(g)). TMEP §809.
The following translation is acceptable:
The English translation of LES ROCHES in the mark is “the rocks”.
See TMEP §809.02.
Please see attached translation evidence.
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707.
Addition of Disclaimer
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “VINEYARD” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
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.
/Tina H. Mai/
Trademark Examining Attorney
Law Office 117
571-272-4110
tina.mai@uspto.gov (for informal communications)
RESPONSE GUIDANCE