To: | JHO Intellectual Property Holdings, LLC (trademarks@vpxsports.com) |
Subject: | U.S. Trademark Application Serial No. 88818231 - SMART BAR - N/A |
Sent: | May 28, 2020 04:34:10 PM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88818231
Mark: SMART BAR
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Correspondence Address:
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Applicant: JHO Intellectual Property Holdings, LLC
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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 28, 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.
SEARCH OF USPTO DATABASE OF MARKS
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’s identification indicates that they make “nutritional supplement energy bars” and “nutritional and dietary supplements formed and packaged as bars.” Thus, the wording merely describes applicant’s goods because they are supplements sold in the form of bars.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “BAR” 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.
RESPONSE
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.
/Blake Lovelace/
James Blake Lovelace
Examining Attorney
Law Office 119
(571) 270-1533
james.lovelace@uspto.gov
RESPONSE GUIDANCE