To: | The Procter & Gamble Company (pgtrademarks.im@pg.com) |
Subject: | U.S. Trademark Application Serial No. 88646516 - ALL IN ONE - TM-526811-US |
Sent: | December 15, 2019 12:15:21 PM |
Sent As: | ecom115@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88646516
Mark: ALL IN ONE
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Correspondence Address:
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Applicant: The Procter & Gamble Company
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Reference/Docket No. TM-526811-US
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 15, 2019
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).
IDENTIFICATION OF GOODS
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers
guidance and/or shows the changes being proposed for the identification of goods and/or services. If there is wording in the applicant’s version of the
identification of goods and/or services 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 and/or in ALL CAPS.
Applicant may adopt the following identification, if accurate:
International Class 005: Nasal sprays and decongestant nasal spray preparations; pharmaceutical preparations for the treatment of the respiratory tract and sinuses
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.
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 an ingredient, quality, characteristic, function, feature, purpose, 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).
The attached Internet evidence shows that the phrase ALL IN ONE means “combining two or more items or functions in a single unit.” See the attached evidence from http://www.lexico.com/en/definition/all_in_one. This phrase, in connection with applicant’s goods, merely describes a feature of the goods, that is, applicant’s goods can treat multiple medical issues, such as decongesting or treating respiratory tract issues or sinuses, all in one from a single product. Furthermore, the attached Internet evidence shows that this phrase is commonly used in applicant’s industry to describe medicine that provides relief or treatment for multiple systems in one product or solution. See the attached evidence from http://www.amazon.com/Mucinex-Fast-Max-Maximum-Strength-Liquid/dp/B07H8PJSPF; http://www.benylin.ca/extra-strength/all-in-one-cold-and-flu-day-night-caplets; and http://www.drugs.com/uk/venos-max-strength-all-in-one-cold-flu-relief-capsules-hard-leaflet.html. Therefore, applicant must disclaim the wording in the mark.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “ALL IN ONE” 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.
A complete color claim must reference all the colors appearing in the drawing of the mark. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq. Similarly, a complete description of a mark depicted in color must specify where the colors appear in the literal and design elements of the mark. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq. If black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark, applicant must so specify in the description. See TMEP §807.07(d).
The following color claim and description are suggested, if accurate:
Color claim: The colors blue, dark blue, green, orange, white, red, light gray and gray are claimed as a feature of the mark.
Description: The mark consists of a triangular shield with gradated shades of blue,
green and orange making up the outside border. The center of the shield is white and outlined in light gray and white and contains the words “ALL IN ONE” in dark blue with a shadowing effect of the wording in light gray. A red banner with the top of
the banner featuring a light grey shadow is placed across the bottom of the shield. and The shield has a light gray and gray drop shadow on the right side. All other instances of the colors white, gray and light gray are background and/or
transparent areas and are not a feature of the mark.
ASSISTANCE
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.
/Sahar Nasserghodsi/
Sahar Nasserghodsi
Examining Attorney
Law Office 115
(571)272-9192
Sahar.Nasserghodsi@uspto.gov
RESPONSE GUIDANCE