Priority Action

ANGRY CHICKEN

Lee, Alexander

U.S. Trademark Application Serial No. 88761417 - ANGRY CHICKEN - N/A

To: Lee, Alexander (Angrychickencs@gmail.com)
Subject: U.S. Trademark Application Serial No. 88761417 - ANGRY CHICKEN - N/A
Sent: April 11, 2020 09:34:47 AM
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

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

U.S. Application Serial No. 88761417

 

Mark:  ANGRY CHICKEN

 

 

        

 

Correspondence Address: 

       LEE, ALEXANDER

       1869 S NEVADA AVE

       COLORADO SPRINGS, CO 80905

       

      

 

 

 

 

Applicant:  Lee, Alexander

 

 

 

Reference/Docket No. N/A

 

Correspondence Email Address: 

       Angrychickencs@gmail.com

 

 

 

PRIORITY ACTION

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:  April 11, 2020

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Applicant must address issues shown below.  On April 6th, 2020, the examining attorney and Alex Lee discussed the issues below.  Applicant must timely respond to these issues.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.

 

SUMMARY OF ISSUES:

  • REQUIREMENT – DISCLAIMER
  • REQUIREMENT – COLOR CLAIM & MARK DESCRIPTION

 

DISCLAIMER

 

Applicant must disclaim the word “CHICKEN” because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s services.  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 evidence from the Collins Dictionary shows that “CHICKENS” are “birds which are kept on a farm for their eggs and for their meat” and “CHICKEN” is the flesh of this bird eaten as food. As identified in the application, applicant’s services are those of a “Korean Chicken Restaurant.” Thus, the wording merely describes applicant’s services because it immediately conveys to consumers that applicant’s services feature the cooked flesh of a bird eaten as food.

 

Applicant may respond to this issue by submitting a disclaimer in the following format: 

 

No claim is made to the exclusive right to use “CHICKEN” apart from the mark as shown. 

 

For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage. 

 

COLOR CLAIM & MARK DESCRIPTION

 

Applicant must provide an amended description of the mark that includes all the literal and design elements and colors shown in the mark.  Specifically, the following elements and colors have been omitted: the colors gray and yellow, and the designs of the chicken, flames, and feathers.

 

A complete description must identify all the literal and design elements in the mark and specify where the colors appear in those elements.  See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq.  If black, white, and/or gray are not being claimed as a color feature of the mark, applicant must exclude them from the color claim and include in the description a statement that black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark.  See TMEP §807.07(d).

 

The following color claim and mark description are suggested, if accurate:

 

The colors black, red, orange, gray, yellow, and white are claimed as a feature of the mark.

 

The mark consists of the wording “ANGRY CHICKEN” in stylized text where “ANGRY” appears above the top of the letter “C” in chicken. The word “ANGRY” appears outlined in black and white and shaded in red, orange, and yellow, and the word “CHICKEN” appears in black. Lines depicting flames and feathers appear in orange, yellow, red, and gray, emanating from the stylized wording to the right of the design. A stylized chicken design outlined in black and shaded in orange, red, gray, and white, faces away from the wording and forms the curve of the letter “C” of “CHICKEN”.

 

CONCLUSION

 

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.

 

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. 

 

Because of the legal technicalities and strict deadlines of the trademark application process, applicant is encouraged to hire a private attorney who specializes in trademark matters to assist in this 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. 

 

How to respond.  Click to file a response to this nonfinal Office action.

 

/Jillian Renee Burch/

Trademark Examining Attorney

Law Office 128

571-272-3384

jillian.burch@uspto.gov

 

RESPONSE GUIDANCE

 

  • Missing the response deadline to this letter will cause the application to abandon.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

 

 

 

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

Priority Action [image/jpeg]

U.S. Trademark Application Serial No. 88761417 - ANGRY CHICKEN - N/A

To: Lee, Alexander (Angrychickencs@gmail.com)
Subject: U.S. Trademark Application Serial No. 88761417 - ANGRY CHICKEN - N/A
Sent: April 11, 2020 09:34:51 AM
Sent As: ecom128@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on April 11, 2020 for

U.S. Trademark Application Serial No. 88761417

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Jillian Renee Burch/

Trademark Examining Attorney

Law Office 128

571-272-3384

jillian.burch@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from April 11, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”

 

 

 


uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed