To: | Zeavision, LLC (mfisk@scw.law) |
Subject: | U.S. Trademark Application Serial No. 88618012 - THE OFFICIAL EYE VITAMIN OF SPORTS - 83240-00066 |
Sent: | December 23, 2019 10:11:58 PM |
Sent As: | ecom105@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88618012
Mark: THE OFFICIAL EYE VITAMIN OF SPORTS
|
|
Correspondence Address:
|
|
Applicant: Zeavision, LLC
|
|
Reference/Docket No. 83240-00066
Correspondence Email Address: |
|
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 23, 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).
REQUIREMENT FOR ACCEPTABLE IDENTIFICATION OF GOODS
Some of the wording in the recitation of goods must be clarified because it is indefinite and/or overly broad. See TMEP §1402.01.
Where applicant’s goods are properly classified in other classes, applicant is required to either (1) specify the goods acceptably, add the appropriate international class(es) to the application, and classify the good therein, or (2) delete the good from the application. See 37 C.F.R. §§2.86, 6.1; TMEP §§1403 et seq.
The wording in the identification of goods is indefinite and must be clarified because it does not make clear the nature of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Class 5: Compounds for promoting ocular health and other health issues related to excessive screen time, namely, pharmaceutical preparations, dietary supplements, food supplements, eye drops, oral strips being nutritional supplements in edible film form, inhalables being inhalers filled with {indicate specific pharmaceutical preparations}, dietary supplemental drinks, nutraceuticals for use as a dietary supplement, nutritional supplements, ophthalmologic preparations, and vitamins
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.
Applicant must provide a disclaimer of the unregistrable part(s) of the applied-for mark even though the mark as a whole appears to be registrable. See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a). A disclaimer of an unregistrable part of a mark will not affect the mark’s appearance. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 979-80, 144 USPQ 433, 433 (C.C.P.A. 1965).
In this case, applicant must disclaim the wording “EYE VITAMIN” because it is not inherently distinctive. These unregistrable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or 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).
Specifically, the attached evidence from Merriam-Webster shows the wording “EYE” refers to “a specialized light-sensitive sensory structure of animals that in nearly all vertebrates, most arthropods, and some mollusks is the image-forming organ of sight”, and the wording “VITAMIN” is commonly used in connection with similar goods “any of various organic substances that are essential in minute quantities to the nutrition of most animals and some plants”. Thus, the wording merely describes the purpose of applicant’s goods, namely, organic substances for improvement of the organ of sight.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “EYE VITAMIN” 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.
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.
/Jeanie H. Lee/
Examining Attorney
Law Office 105
571-272-6110
jeanie.lee@uspto.gov
RESPONSE GUIDANCE