To: | Pre-Pack Monthly (support@prepackmonthly.com) |
Subject: | U.S. Trademark Application Serial No. 88631220 - PRE PACK - N/A |
Sent: | January 02, 2020 06:44:21 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 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34 Attachment - 35 Attachment - 36 Attachment - 37 Attachment - 38 Attachment - 39 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88631220
Mark: PRE PACK
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Correspondence Address:
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Applicant: Pre-Pack Monthly
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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: January 02, 2020
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).
I. REQUIREMENT – AMENDMENT TO IDENTIFICATION OF GOODS
Applicant should note that any wording in bold, in italics, underlined or in ALL CAPS below offers guidance and shows the changes being proposed for the
identification of goods. If there is wording in the applicant’s version of the identification of goods which should be removed, it will be shown with a line through it such as this:
strikethrough. When making its amendments, applicant should enter them in standard font, not in bold, in italics, underlined or in ALL CAPS.
Applicant may substitute the following wording, if accurate:
Class 005: “Workout dietary and nutritional supplements in the nature of energy bars, shakes, carbohydrates in powdered form, and meal replacement bars for boosting energy.”
For assistance with identifying and classifying goods in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
II. REQUIREMENT – DISCLAIMER OF “PRE PACK”
In this case, applicant must disclaim all the wording in the mark because it is not inherently distinctive. These unregistrable terms at best are merely descriptive of a function or use of applicant’s goods. 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).
According to the attached entries from the Merriam-Webster Dictionary, the wording “PRE” is a prefix defined as “preparatory or prerequisite to” and the wording “PACK” is defined as “the contents of a bundle.” According to the attached evidence from FitLifeBrands.com, CasaDeSante.com, Vox.com, AnthonyJLynch.com, RefreshInq.com, and BiProUsa.com, the wording “PRE PACK,” in the context of workout nutritional supplements, is short for “PRE PACKAGED” which refers to prepackaged supplements, typically in single-pill or single-beverage powdered form, which can easily brought with weightlifters and athletes to workouts. As such, this wording in the mark is descriptive of the applicant’s goods, which consumers would understand to be nutritional supplements which have been prepackaged for ease of use and convenient carry in a gym bag.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “PRE PACK” 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.
ASSISTANCE
SUGGESTION TO OBTAIN TRADEMARK COUNSEL
Because of the legal technicalities and strict deadlines of the trademark application process, applicant may wish to hire a private attorney who specializes in trademark matters to assist in the process. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
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.
/Daniel Travis Bice/
D. Travis Bice
Trademark Examining Attorney
Law Office 128
Telephone: (571) 272-3385
Email: Daniel.Bice@USPTO.gov
RESPONSE GUIDANCE