To: | Eagle Crest, Inc. (srscott@wildblue.net) |
Subject: | U.S. Trademark Application Serial No. 88618339 - WARRIOR TEK - N/A |
Sent: | December 16, 2019 03:39:59 PM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88618339
Mark: WARRIOR TEK
|
|
Correspondence Address:
|
|
Applicant: Eagle Crest, Inc.
|
|
Reference/Docket No. N/A
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 16, 2019
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.
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).
Identification of Goods
The examining attorney suggests the following.
Metal dog tags; metal license plates; Metal hardware, namely, carabiners of metal in International Class 6; and
Side arms, not including firearms, namely, hunting knives; table cutlery; machetes; hatchets; knives; utility hand tools, namely, (give the specific tools) in International Class 8; and
Helmets; night vision goggles; binoculars; compasses; GPS navigation devices; shooting gloves for protection against accident or injury; body armor; flashlights; Laser pointing device for use with firearms; blank USB flash drives, protective laptop covers, external computer hard drives in International Class 9; and
License plate holders in International Class 12; and
Gun holsters and gun cases; Pyrotechnical highway flares in International Class 13; and
Jewelry, namely, dog tags for wear by humans for decorative purposes; key chains; lapel pins; Precious metals and their alloys; jewelry, precious stones, horological and chronometric instruments in International Class 14; and
Stickers and decals in International Class 16; and
Backpacks; duffel bags in International Class 18
Canteens; mugs; water bottles sold empty; kitchen utensils, namely, spatulas, whisks and tongs in International Class 21
Tents; climbing ropes; commercial nets; awnings; tarpaulins; sails; lanyards for holding (give specific items the lanyard holds) in International Class 22; and
Cloth flags in International Class 24; and
Clothing, footwear, and headgear, namely, t-shirts, performance shirts, pants, shorts, socks, underwear, sweatshirts, jackets, coats, ballcaps, watch caps, western hats, belts, button down shirts, shoes, boots, tactical and camo clothing, namely, (give specific items of clothing); hiking boots; camouflage wear, namely, (give the specific items of clothing) in International Class 25; and
Cloth patches; embroidery in International Class 26.
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.
Prosecution as a Combined Application
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 13 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Disclaimer Required
In this case, applicant must disclaim the wording “TECH” 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).
TECH is the proper spelling of the shortened version of “technology.” The applicant’s goods include technical and technology items. The term describes the nature of the goods.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “TECH” 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
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.
/Dawn Feldman Lehker/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 111
(571)272-9381
dawn.feldman-lehker@uspto.gov
RESPONSE GUIDANCE