To: | TP Orthodontics, Inc. (gail.gemberling@tportho.com) |
Subject: | U.S. Trademark Application Serial No. 88812818 - RELINE - N/A |
Sent: | May 26, 2020 10:43:00 AM |
Sent As: | ecom123@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88812818
Mark: RELINE
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Correspondence Address: |
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Applicant: TP Orthodontics, Inc.
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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: May 26, 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(a), 2.65(a); TMEP §§711, 718.03.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Applicant has applied to register the mark RELINE in standard characters for4 "Orthodontic appliances" in Class 10 and "Orthodontic services" in Class 44.
The term "RELINE" is defined as "resurfacing of the tissue side of a removable denture to correct issue with fit." See http://www.atlanticorthodontics.com/dental-dictionary/r/. Other entities use this word to describe similar goods and services. See, e.g., http://www.dallasaffordabledentistry.com/dental-care/general-family-dentistry/dentures/ ("You may occasionally need to have repairs or relines performed to maintain your dentures. Affordable Dentistry and Orthodontics is pleased to provide both of these services for our patients."); http://www.dentistsalida.com/blog/how-often-should-i-have-a-denture-reline/#! (Discussing denture relines and noting "relining is typically needed once every two years, but this is generally dependent on patient need and a dentist's or orthodontist's opinion …."); http://www.henryschein.com/us-en/Shopping/ProductDetails.aspx?productid=1866309&CatalogName=DENTAL (listing the "Item Type" as " Reline Refill"); http://www.tiogadental.com/dental-services/full-and-partial-dentures/ ("a soft denture reline can help make your appliance more comfortable."); http://www.t-townsmiles.com/dental-services/denture-reline-rebase/ ("A denture reline is a procedure that adds more denture material (typically acrylic) to the tissue-contacting side of the denture in order improve the fit of the denture."). This evidence supports that the word "RELINE" describes a purpose of the applicant's orthodontic appliances and services, such that they are used for denture resurfacing.
Therefore, the mark RELINE, as applied to the identified goods and services, merely describes a purpose of applicant's goods and services, namely, for denture resurfacing.
Accordingly, the mark is merely descriptive and registration is refused pursuant to Section 2(e)(1) of the Trademark Act.
ADVISORY: MARK APPEARS TO BE GENERIC
Applicant should note the following additional ground for refusal.
MARK ON DRAWING DIFFERS FROM MARK ON SPECIMEN
Mark shown on drawing does not match mark on specimen. Registration is refused because the specimen does not show the mark in the drawing in use in commerce in International Class(es) 10 and 44, which is required in the application or amendment to allege use. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a), 1301.04(g)(i). The mark appearing on the specimen and in the drawing must match; that is, the mark in the drawing “must be a substantially exact representation of the mark” on the specimen. See 37 C.F.R. §2.51(a)-(b); TMEP §807.12(a).
In this case, the specimen displays the mark as BASIC RELINE. However, the drawing displays the mark as RELINE. The mark on the specimen does not match the mark in the drawing because the word "BASIC" appears next to the word "RELINE" in the same font and on the same line. Applicant has thus failed to provide the required evidence of use of the mark in commerce. See TMEP §807.12(a).
Response options. Applicant may respond to this refusal by satisfying one of the following:
(1) Submit a different specimen (a verified “substitute” specimen) for each applicable international class that (a) shows the mark in the drawing in actual use in commerce for the goods and/or services in the application or amendment to allege use, and (b) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use.
Examples of specimens. Specimens for goods include a photograph of (1) the actual goods bearing the mark; (2) an actual container, packaging, tag or label for the goods bearing the mark; or (3) a point-of-sale display showing the mark directly associated with the goods. See 37 C.F.R. §2.56(b)(1), (c); TMEP §904.03(a)-(m). A webpage specimen submitted as a display associated with the goods must show the mark in association with a picture or textual description of the goods and include information necessary for ordering the goods. TMEP §904.03(i); see 37 C.F.R. §2.56(b)(1), (c).
Specimens for services must show a direct association between the mark and the services and include: (1) copies of advertising and marketing material, (2) a photograph of business signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the services. See 37 C.F.R. §2.56(b)(1), (c); TMEP §1301.04(a), (h)(iv)(C).
Any web page printout or screenshot submitted as a specimen, whether for goods or services, must include the webpage’s URL and the date it was accessed or printed. 37 C.F.R. §2.56(c).
(2) Submit a request to amend the filing basis to intent to use under Section 1(b) (which includes withdrawing an amendment to allege use, if one was filed), as no specimen is required before publication. This option will later necessitate additional fee(s) and filing requirements such as providing a specimen.
The USPTO will not accept an amended drawing submitted in response to this refusal because the changes would materially alter the drawing of the mark in the original application or as previously acceptably amended. See 37 C.F.R. §2.72(a)-(b); TMEP §807.14. Specifically, adding this wording would change the impression of the mark and add distinctive material to the original mark.
For more information about drawings and instructions on how to satisfy these response options using the online Trademark Electronic Application System (TEAS) form, see the Drawing webpage.
Applicant should note the following additional ground for refusal.
PARTIAL SPECIMEN REFUSAL
Specifically, the mark appears on orthodontic goods, but does not show that applicant is offering "orthodontic services" under this mark. It appears that only goods are being manufactured.
Examples of specimens. Specimens for services must show a direct association between the mark and the services and include: (1) copies of advertising and marketing material, (2) a photograph of business signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the services. See 37 C.F.R. §2.56(b)(2), (c); TMEP §1301.04(a), (h)(iv)(C). Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the date it was accessed or printed. 37 C.F.R. §2.56(c).
Response options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the services identified in the application or amendment to allege use. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b) (which includes withdrawing an amendment to allege use, if one was filed), as no specimen is required before publication. This option will later necessitate additional fee(s) and filing requirements, including a specimen.
For an overview of the response options referenced above and instructions on how to satisfy these options using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
Response to Refusals
REQUEST FOR INFORMATION – INFORMATION ABOUT GOODS AND SERVICES REQUIRED
(1) Fact sheets, instruction manuals, brochures, advertisements and pertinent screenshots of applicant’s website as it relates to the goods and/or services in the application, including any materials using the terms in the applied-for mark. Merely stating that information about the goods and/or services is available on applicant’s website is insufficient to make the information of record.;
(2) If these materials are unavailable, applicant should submit similar documentation for goods and services of the same type, explaining how its own product or services will differ. If the goods and/or services feature new technology and information regarding competing goods and/or services is not available, applicant must provide a detailed factual description of the goods and/or services. Factual information about the goods must make clear how they operate, salient features, and prospective customers and channels of trade. For services, the factual information must make clear what the services are and how they are rendered, salient features, and prospective customers and channels of trade. Conclusory statements will not satisfy this requirement.; and
(3) Applicant must respond to the following questions:
a. Are applicant's goods used with or on dentures?
b. What type of orthodontic appliance(s) is the mark used on?
c. Do applicant's services involve relining of dentures or other appliances?
See 37 C.F.R. §2.61(b); TMEP §§814, 1402.01(e).
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
APPLICANT MAY CONSIDER HIRING A TRADEMARK ATTORNEY
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.
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.
How to respond. Click to file a response to this nonfinal Office action.
/Megan M. Hartnett/
Megan M. Hartnett
Trademark Examining Attorney
Law Office 123
571-270-1977
megan.hartnett@uspto.gov
RESPONSE GUIDANCE