To: | Media Blast & Abrasive, Inc. (kstetina@stetinalaw.com) |
Subject: | U.S. Trademark Application Serial No. 88694021 - HYDROSLURRY - MBLST-032T |
Sent: | February 26, 2020 03:17:50 PM |
Sent As: | ecom118@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88694021
Mark: HYDROSLURRY
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Correspondence Address: STETINA BRUNDA GARRED & BRUCKER
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Applicant: Media Blast & Abrasive, Inc.
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Reference/Docket No. MBLST-032T
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: February 26, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF USPTO 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).
However, applicant must respond to the following refusal and requirements:
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
The applicant’s mark is “HYDROSLURRY” for “ABRASIVE BLAST CLEANING MACHINES, NAMELY, ABRASIVE BLASTING CABINET FOR MACHINE PARTS; ABRASIVE BLASTING CABINETS, NAMELY, POWERED MACHINES FOR FINISHING METALS OR OTHER MATERIALS FOR MACHINE PARTS”.
The applied-for mark consists of a combination of descriptive terms that immediately describes features or characteristics of applicant’s goods.
The word “SLURRY” is defined in the American Heritage dictionary as “a watery mixture of insoluble matter (such as mud, lime, or plaster of paris)”. “A slurry is a thin sloppy mud or, any fluid mixture of a pulverized solid with a liquid (usually water)”. See entry from Wikipedia. “HYDRO” is an abbreviation for “water”. Applicant’s goods are “abrasive blast cleaning machines” and the term “HYDRO” is used descriptively by third parties in the field to describe “hydroblasting”- a technique that uses high water pressure for cleaning. See attached Internet excerpts. Therefore “HYDRO” merely describes that applicant’s abrasive blast cleaning machines use hydro-blasting or water-based pressure. The term “SLURRY” describes use of a slurry mixture in the blasting process. The attached internet excerpts shows third party descriptive use of “slurry” in connection with abrasive blasting, in particular, slurry blasting, “a form of wet abrasive technology”. See attached.
Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable. See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
In this case, both the individual components and the composite result are descriptive of applicant’s goods and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods. Specifically, HYDROSLURRY” describes that applicant’s abrasive blast cleaning machines utilize water and slurry in the abrasive blasting process.
Therefore, the applied-for mark is merely descriptive and registration is refused under Section 2(e)(1) of the Trademark Act.
Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.
ADVIORY: AMENDMENT TO SUPPLEMENTAL REGISTER ONLY WHEN USE
If applicant files an acceptable allegation of use and also amends to the Supplemental Register, the application effective filing date will be the date applicant met the minimum filing requirements under 37 C.F.R. §2.76(c) for an amendment to allege use. TMEP §§816.02, 1102.03; see 37 C.F.R. §2.75(b). In addition, the undersigned trademark examining attorney will conduct a new search of the USPTO records for conflicting marks based on the later application filing date. TMEP §§206.01, 1102.03.
Applicant must also respond to the requirement set forth below.
INFORMATION ABOUT GOODS REQUIRED
Due to the descriptive nature of the applied-for mark, applicant must provide the following information regarding the goods and wording appearing in the mark: See 37 C.F.R. §2.61(b); TMEP §§814, 1402.01(e). Specifically, applicant must submit the following:
Factual information about the goods that must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade. Conclusory statements will not satisfy this requirement for information.
Further, applicant must provide additional information about the wording in the mark. Specifically, applicant must respond to the following questions:
1. Does “HYDRO”, “SLURRY” and/or “HYDROSLURRY” describe any feature, quality, or characteristic of the applicant’s goods? If so, please specify meaning of these terms as applied to the goods in the application.
2. Are the terms, “HYDRO”, “SLURRY” and/or “HYDROSLURRY marketed, advertised or described in applicant’s fact sheets, brochures or marketing information as having any meaning in relation to the applicant’s goods? If so, please provide copies of such materials.
3. Do applicant’s abrasive blast cleaning machines utilize water or hydro-blasting in the abrasive blasting process?
4. Do applicant’s abrasive blast cleaning machines utilize slurry or slurry blasting in the abrasive blasting process?
5. Do the terms “HYDRO”, “SLURRY” and/or “HYDROSLURRY” have any meaning or significance in the industry in which the goods are provided? If so, please specify meaning in the relevant industry.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that information about the goods or services is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
RESPONSE
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Lee-Anne Berns/
Examining Attorney
Law Office 118
(571) 272 1168
Lee-anne.Berns@uspto.gov
RESPONSE GUIDANCE