To: | Desert Leasing & Licensing LLC (fmhlaw@comcast.net) |
Subject: | U.S. Trademark Application Serial No. 88824557 - MDRX - N/A |
Sent: | May 21, 2020 03:07:32 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. 88824557
Mark: MDRX
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Correspondence Address:
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Applicant: Desert Leasing & Licensing LLC
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Reference/Docket No. N/A
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: May 21, 2020
This Office Action is in response to applicant’s communication filed on April 30, 2020.
In a previous Office Action dated March 23, 2020, the Trademark Examining Attorney refused registration of the applied-for mark based on the following: Section 1 and 45 – Specimen Insufficient. In addition, applicant was required to satisfy the following requirement: Description of the Mark and Color Claim.
Based on applicant’s response, the Trademark Examining Attorney notes that the following refusal has been obviated: Section 1 and 45 – Specimen Insufficient. See TMEP §§713.02, 714.04.
Further, the Trademark Examining Attorney maintains and now makes FINAL the requirement in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
DESCRIPTION OF THE MARK AND COLOR CLAIM
Applicant may respond to this requirement by satisfying one of the following:
(1) If color is not a feature of the mark, applicant must submit a black-and-white drawing of the mark to replace the color drawing. See TMEP §807.07(a)(i). However, any other amendments to the drawing will not be accepted if they materially alter the mark. 37 C.F.R. §2.72; see TMEP §§807.14 et seq. Applicant must also submit a revised description of all literal and design elements in the mark, deleting any reference to color, if appropriate. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. The following description is suggested, if accurate:
The mark consists of the stylized wording “MDRX” with the letters “MDR” in smaller-sized font and shaded darker and the letter “X” in larger-sized font and shaded lighter.
(2) If color is a feature of the mark, applicant must submit a statement (a) listing all the colors that are claimed as a feature of the mark and (b) describing all the literal and design elements in the mark that specifies where each color appears in those elements. 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §807.07(a)-(a)(ii). 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, if accurate:
Color claim: The colors black and blue are claimed as a feature of the mark.
Description: The mark consists of the stylized wording “MDRX” with the letters “MDR” in smaller-sized font shaded in black and the letter “X” in larger-sized font shaded in blue.
See TMEP §807.07(b).
As applicant’s April 30, 2020 response did not address this requirement in any meaningful way, the requirement in the nature of an amended mark description and color claim is hereby maintained and made FINAL.
ASSISTANCE
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
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 request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Jared M. Mason/
Trademark Examining Attorney
Law Office 119
(571) 272-4146
Jared.Mason@uspto.gov
RESPONSE GUIDANCE