To: | Follow Your Heart (pto@lrrc.com) |
Subject: | U.S. Trademark Application Serial No. 88706154 - HUNNY - 182894/FYHEA |
Sent: | March 05, 2020 12:59:32 PM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88706154
Mark: HUNNY
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Correspondence Address: LEWS ROCA ROTHGERBER CHRISTIE LLP
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Applicant: Follow Your Heart
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Reference/Docket No. 182894/FYHEA
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: March 05, 2020
How to respond. Click to file a response to this nonfinal Office action.
Refusal-Mark is Merely Descriptive
The applicant’s mark is HUNNY for “honey.”
The applicant’s mark is HUNNY, which is the phonetic equivalent of HONEY, which is the applicant’s goods. a novel spelling or an intentional misspelling that is the phonetic equivalent of a merely descriptive or generic word or term is also merely descriptive or generic if purchasers would perceive the different spelling as the equivalent of the descriptive or generic word or term. See In re Quik-Print Copy Shop, Inc., 616 F.2d 523, 526 & n.9, 205 USPQ 505, 507 & n.9 (C.C.P.A. 1980) (holding “QUIK-PRINT,” phonetic spelling of “quick-print,” merely descriptive of printing and photocopying services); In re Calphalon Corp., 122 USPQ2d 1153, 1163 (TTAB 2017) (holding “SHARPIN”, phonetic spelling of “sharpen,” merely descriptive of cutlery knife blocks with built-in sharpeners); In re Carlson, 91 USPQ2d 1198, 1203 (TTAB 2009) (holding “URBANHOUZING,” phonetic spelling of “urban” and “housing,” merely descriptive of real estate services); TMEP §1209.03(j).
For the above reasons the mark is refused under Section 2(e)(1).
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.
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.
/Dawn Feldman Lehker/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 111
(571)272-9381
dawn.feldman-lehker@uspto.gov
RESPONSE GUIDANCE