To: | Inspiro Tequila LLC (jlampel@lampellaw.com) |
Subject: | U.S. Trademark Application Serial No. 88812729 - INSPIRO - INS-T-20-01 |
Sent: | May 21, 2020 04:08:48 PM |
Sent As: | ecom111@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88812729
Mark: INSPIRO
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Correspondence Address:
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Applicant: Inspiro Tequila LLC
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Reference/Docket No. INS-T-20-01
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 21, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.
DATABASE SEARCH
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).
IDENTIFICATION OF GOODS
The identification of goods is indefinite and must be clarified for the following reasons. See TMEP §1402.01.
Proprietary wording, such as a registered term, should not be used in identifications, which should consist of generic everyday wording for the goods and/or services. See TMEP §§1402.01, 1402.09. A registered mark indicates origin in one particular party and so may not be used to identify goods and/or services that originate in a party other than that registrant. TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ 264, 264 n.1 (TTAB 1958)).
In addition, the wording “agave based drinks including tequila” is unclear because it can include alcoholic drinks as well as non-alcoholic agave syrup-based beverages.
In addition, the wording “packaged alcoholic drinks” can include goods in more than one international class, as beer is in Class 32, and alcoholic drinks other than beer are in Class 33.
In addition, the wording “mixed drink ready to drink” must also indicate if it includes beer in Class 32 or other alcoholic drinks, in Class 33.
Applicant may adopt any or all of the following identification, if accurate:
Non-alcoholic agave syrup-based beverages; packaged pre-mixed ready-to-drink beer-based beverages; in Class 32
Distilled blue agave liquor; distilled agave liquor-based beverages, including distilled blue agave liquor; packaged pre-mixed alcoholic beverages, other than beer; packaged ready-to-drink alcoholic beverages, except beer; in Class 33
NOTE: Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
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 at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
MULTIPLE CLASS APPLICATION REQUIREMENTS
The application identifies goods in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(1) List the goods by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp). The application identifies goods that may be classified in at least 2 classes; however, applicant submitted a fee sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/multiclass.jsp.
TRANSLATION
Applicant must submit an English translation of all foreign wording in the mark. 37 C.F.R. §2.32(a)(9); see TMEP §809. In the present case, the wording “INSPIRO” requires translation.
The following translation statement is suggested:
The English translation of the word “INSPIRO” in the mark is “INSPIRE” or “INSPIRED.”
TMEP §809.03. See attached translation evidence.
http://www.spanishdict.com/translate/inspiro
http://www.reverso.net/translationresults.aspx?lang=EN&direction=spanish-english
http://translate.google.com/#view=home&op=translate&sl=es&tl=en&text=inspiro
How to respond. Click to file a response to this nonfinal Office action.
/Esther A. Belenker/
Trademark Examining Attorney
Law Office 111
(571) 272-9125
Fax: (571) 273-9125
esther.belenker@uspto.gov
RESPONSE GUIDANCE