To: | Matts Madsen (docket@clfip.com) |
Subject: | U.S. Trademark Application Serial No. 88613631 - FISHERMAN'S LIFE - 2006.T001 |
Sent: | December 16, 2019 06:20:47 PM |
Sent As: | ecom128@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 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88613631
Mark: FISHERMAN'S LIFE
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Correspondence Address:
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Applicant: Matts Madsen
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Reference/Docket No. 2006.T001
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 16, 2019
Search of Office’s Database of Marks
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Registration is refused because the applied-for mark merely describes the subject matter of applicant’s videos and webcasts and thus merely describes a feature of applicant’s goods and/or services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq. A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods and/or services. TMEP §1209.01(b); see, e.g., In re TriVita, Inc., 783 F.3d 872, 874, 114 USPQ2d 1574, 1575 (Fed. Cir. 2015) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005) (citing Estate of P.D. Beckwith, Inc. v. Comm’r of Patents, 252 U.S. 538, 543 (1920)).
In the present case, the wording in the applied-for mark is “FISHERMAN’S LIFE”. The attached evidence from Merriam-Webster shows that the wording “FISHERMAN” means “one who engages in fishing as an occupation or for pleasure”, “’S” is a suffix “used to form the possessive of singular nouns”, “LIFE” means “a way or manner of living”. Accordingly, when read together, the wording in the applied-for mark means a way or manner of living belonging to one who engages in fishing as an occupation or for pleasure. This wording thus describes applicant’s “Fishing tackle; Education services, namely, providing providing a non-downloadable, ongoing series of online videos in the fields of fishing; Educational and entertainment services, namely, a continuing program about fishing accessible by means of the internet; Entertainment services, namely, providing webcasts in the field of fishing”.
In view of the foregoing, the registration is refused under Trademark Act Section 2(e)(1).
Applicant should also note the following potential ground for refusal.
PRIOR FILED APPLICATION (ADVISORY)
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration. However, if applicant responds to the refusal, applicant must also respond to the requirement set forth below.
AMENDMENT REQUIRED – IDENTIFICATION OF GOODS AND SERVICES
Applicant may adopt the following wording in International Class 041, if accurate (proposed amendments in bolded italics):
International Class 041: Educational services, namely, providing providing a
non-downloadable, ongoing series of online videos in the fields of fishing; Educational and entertainment services, namely, a continuing program about fishing accessible by means of the internet;
Entertainment services, namely, providing webcasts in the field of fishing
The wording in International Classes 025 and 028 are acceptable as worded.
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
RESPONSE GUIDELINES
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.
Shinn, Lauren
/Lauren D. Shinn/
Trademark Examining Attorney
Law Office 128
(571) 270-5230
Lauren.Shinn@USPTO.gov
RESPONSE GUIDANCE