To: | Davis-Standard, LLC (trademarks@tcors.com) |
Subject: | U.S. Trademark Application Serial No. 88658698 - DAVIS STANDARD WHERE YOUR IDEAS - 219624 |
Sent: | November 14, 2019 01:29:29 PM |
Sent As: | ecom124@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88658698
Mark: DAVIS STANDARD WHERE YOUR IDEAS
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Correspondence Address: TOBIN, CARBERRY, O'MALLEY, RILEY & SELIN
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Applicant: Davis-Standard, LLC
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Reference/Docket No. 219624
Correspondence Email Address: |
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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: November 14, 2019
Search
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).
Classification/Identification of Goods Unacceptable
Applicant may adopt the following identification, if accurate:
Class 7: PLASTIC AND RUBBER EXTRUSION MACHINES; VULCANIZERS FOR CONTINUOUS EXTRUDED RUBBER; WIRE REELING MACHINES; WIRE UNREELING MACHINES; CAPSTANS; COOLING TROUGHS BEING PARTS OF MACHINES, FOR USE WITH PLASTIC EXTRUSION MACHINES; AND FLEXIBLE PACKAGING WINDER MACHINES FOR PLASTIC FILM AND SHEETING, TEXTILES, FIBERGLASS, MATTING, PAPER AND FOAMED POLYMERIC MATERIAL
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.
Color Drawing Submitted – No Color Claim or Color Description of the Mark
Applicant may respond to this requirement by satisfying one of the following:
(1) If color is not a feature of the mark, applicant must submit a black-and-white drawing of the mark to replace the color drawing. See TMEP §807.07(a)(i). However, any other amendments to the drawing will not be accepted if they materially alter the mark. 37 C.F.R. §2.72; see TMEP §§807.14 et seq.
(2) If color is a feature of the mark, applicant must submit a statement (a) listing all the colors that are claimed as a feature of the mark and (b) describing all the literal and design elements in the mark that specifies where each color appears in those elements. 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §807.07(a)-(a)(ii). Generic color names must be used to describe the colors in the mark, e.g., red, yellow, blue. TMEP §807.07(a)(i)-(ii). 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 orange, orange-red, light teal, dark teal, and gray, are claimed as a feature of the mark.”
Description: “The mark consists of two chevrons positioned side-by-side, where each of the chevrons include an upper portion and a lower portion, wherein the upper portion is divided into two different shaded triangles and the lower portion is divided into two different shaded triangles. The upper portion in the left chevron is in orange and orange-red, the lower portion in light teal and dark teal. The upper portion in the right chevron is light teal and dark teal and the lower portion is orange and orange-red. To the right of the second chevron is the literal element “DAVIS STANDARD” written in capital gray letters and separated by a small gray chevron. Beneath the literal element “DAVIS STANDARD” is the literal element "Where your ideas take shape" in gray, where the first letter is capitalized and the remaining letters are written in lower case letters followed by a period. ”
See TMEP §807.07(b).
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.
Assistance
How to respond. Click to file a response to this nonfinal Office action
/Jordan A. Baker/
Trademark Examining Attorney
Law Office 124
571-272-8844
jordan.baker@uspto.gov
RESPONSE GUIDANCE