To: | Brandon S. Williams (mscott@mscottassociates.com) |
Subject: | U.S. Trademark Application Serial No. 88807149 - HAIR BY UNO - N/A |
Sent: | August 18, 2020 01:26:46 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88807149
Mark: HAIR BY UNO
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Correspondence Address: 570 PIEDMONT AVENUE NE, #55492
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Applicant: Brandon S. Williams
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Reference/Docket No. N/A
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: August 18, 2020
This application was approved for publication on May 12, 2020. See 37 C.F.R. §2.80. However, approval of the application has been withdrawn to address the issue(s) below. See TMEP §706.01. The trademark examining attorney apologizes for any inconvenience this may cause applicant.
Clarify Colors in Drawing
Where the color claim and/or description of the mark and drawing are inconsistent with one another, generally the USPTO looks to the drawing to determine what the mark is. TMEP §807.07(a)(i)-(a)(ii), (c). Additionally, the colors in the drawing, color claim, and description must match. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07 et seq.
To clarify the colors in the mark, applicant may satisfy one of the following:
(1) Submit a new color drawing that shows the mark in the colors specified in the color claim and description. TMEP §807.07(c). However, any other amendments to the drawing will not be accepted if they would materially alter the mark. 37 C.F.R. §2.72; see TMEP §§807.07(c), 807.14 et seq. If the applicant submits a new drawing showing the mark on a white background, it should also submit the revised description of the mark. “The mark consists of the words / phrase "HAIR BY UNO" all in capital, black, stylized lettering, except as otherwise indicated here. The "H" in "HAIR" has a double cross bar, the "A" appears as a green triangle. The "BY" is in stylized brushstroke lettering, in the color blue in small cap font. The "O" in "UNO," is in capital stylized lettering, with a small blue dot in the "O's" center. The color white in the mark represents background and is not part of the mark”
(2) Submit an amended color claim and description that matches the colors in the drawing. 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:
Color claim: “The colors black, green, grey and blue is/are claimed as a feature of the mark are claimed as a feature of the mark.”
Description: “The mark consists of the words / phrase "HAIR BY UNO" all in capital, black, stylized lettering, except as otherwise indicated here. The "H" in "HAIR" has a double cross bar, the "A" appears as a green triangle. The "BY" is in stylized brushstroke lettering, in the color blue in small cap font. The "O" in "UNO," is in capital stylized lettering, with a small blue dot in the "O's" center. The mark appears on a grey background”
For more information about drawings and instructions on how to submit a new color drawing, amended color claim and/or description online using the Trademark Electronic Application System (TEAS) form, see the Drawing webpage.
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.
/alrademacher/
April L. Rademacher
Examining Attorney
USPTO
Law Office 108
571-270-3353
april.rademacher@uspto.gov
RESPONSE GUIDANCE