To: | Arteza Inc. (JeffMFurr@FurrLawFirm.com) |
Subject: | U.S. Trademark Application Serial No. 88623586 - STUDIO - N/A |
Sent: | December 30, 2019 08:54:04 PM |
Sent As: | ecom123@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 Attachment - 28 Attachment - 29 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88623586
Mark: STUDIO
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Correspondence Address:
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Applicant: Arteza Inc.
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Reference/Docket No. N/A
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 30, 2019
INTRODUCTION
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).
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Here, the applicant has applied for the mark STUDIO in connection with “online monthly subscription services featuring curated art supplies.”
In this case, the term STUDIO refers to the working place of a painter, sculptor, or photographer. See http://www.merriam-webster.com/dictionary/studio. Thus, the wording merely describes applicant’s services because applicant’s offers art studio supplies. Moreover, third parties routinely use the wording STUDIO to refer to a feature of the same and or similar goods and services offered by applicant). See e.g. http://www.art-is-fun.com/studio-art-supplies (using “studio” to refer to a feature of the same and or similar goods and services offered by applicant); http://www.artistcraftsman.com/studio.html (using “studio” to refer to a feature of the same and or similar goods and services offered by applicant); http://www.utrechtart.com/Studio.utrecht?loc=topnav (using “studio” to refer to a feature of the same and or similar goods and services offered by applicant); and http://www.privatepicassos.com/studio-in-a-box (using “studio” to refer to a feature of the same and or similar goods and services offered by applicant); and http://hellosubscription.com/2016/10/art-snacks-studio-collection-limited-edition-box-available-now/ (using “studio” to refer to a feature of the same and or similar goods and services offered by applicant). Accordingly, in light of the preceding evidence, the applicant’s mark immediately conveys and merely describes a feature of the applicant’s goods and/or services.
For these reasons, when consumers encounter the applicant's goods and/or services under the mark STUDIO, they are likely to immediately understand the mark as merely describing an ingredient, quality, characteristic, function, feature, purpose, or use of these goods and/or services, rather than as indicating the source of these goods and/or services. Thus, registration is refused pursuant to Trademark Act Section 2(e)(1).
RESPONSE TO REFUSAL
Although the applicant's mark has been refused registration, the applicant may respond to the refusal by submitting evidence and offering argument against the refusal and in support of registration.
REQUIREMENT
If the applicant responds to the refusals, then the applicant also must respond to the below requirement.
IDENTIFICATION OF GOODS AND/OR SERVICES AMENDMENT REQUIRED
The wording in the identification of services is indefinite and must be clarified to specify the nature of the services as required in Class 35. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01
Therefore, the applicant may adopt the following identification of goods and/or services, if accurate:
Class 35: Online monthly subscription-based order fulfillment services in the field of {indicate type of goods ordered by the subscriber, e.g., curated art supplies}
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
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.
/Karen S. Derby/
Examining Attorney
U.S. Patent and Trademark Office
Law Office 123
Karen.Derby@uspto.gov
571.270.7070
RESPONSE GUIDANCE