To: | Arturo Cavazos (eric@ehiplaw.com) |
Subject: | U.S. Trademark Application Serial No. 88807258 - THE ULTIMATE VARMINT GUARD THE - Cavazos_DM1 |
Sent: | May 18, 2020 02:00:38 PM |
Sent As: | ecom101@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88807258
Mark: THE ULTIMATE VARMINT GUARD THE
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Correspondence Address: THE LAW OFFICE OF ERIC HINOJOSA PLLC
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Applicant: Arturo Cavazos
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Reference/Docket No. Cavazos_DM1
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: May 18, 2020
SEARCH OF USPTO DATABASE OF MARKS
REFUSALS & REQUIREMENTS
The attached dictionary evidence shows ULTIMATE is a laudatory term and the application is for a VARMINT GUARD. Thus, the wording merely describes a quality and/or characteristic of applicant’s goods.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “THE ULTIMATE VARMINT GUARD” 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.
IDENTIFICATION
Applicant may substitute the following wording, if accurate:
Class 7
Guards specially adapted for electronic feeders for animals; Plastic guards specially adapted for electronic feeders for wildlife
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.
DESCRIPTION
Applicant must submit an amended description of the mark because the current one is incomplete and does not describe all the significant aspects of the mark. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. Descriptions must be accurate and identify all the literal and design elements in the mark. See 37 C.F.R. §2.37; TMEP §§808 et seq.
The following description is suggested, if accurate:
The mark consists of an octagon background having a mesh pattern fill over which two slightly overlapping but stacked parallelograms are positioned diagonally and extending across the center of the center of the octagon, where the topmost parallelogram contains the words "THE ULTIMATE" and the lowermost parallelogram contains the words "VARMINT GUARD" both in block letters, and further consisting of a raccoon head positioned at the top of the octagon and a squirrel's upper body and tail peek out from behind the top right edge of the uppermost parallelogram, and further consisting of the words "THE VARMINT STOPS HERE!" with the wording “STOPS HERE!” underlined positioned below the octagon.
How to respond. Click to file a response to this nonfinal Office action.
/Samuel R. Paquin/
Trademark Examining Attorney
Law Office 101
United States Patent & Trademark Office
(571) 272-2514
spaquin@uspto.gov
RESPONSE GUIDANCE