To: | Google LLC (tmdocket@google.com) |
Subject: | U.S. Trademark Application Serial No. 88830323 - N/A |
Sent: | May 20, 2020 08:40:33 PM |
Sent As: | ecom126@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. 88830323
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Correspondence Address:
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Applicant: Google 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 20, 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
Clarify Use of Color White in Mark
To clarify how white is being used in the mark, applicant may satisfy one of the following:
(1) If white is a feature of the mark, applicant must amend the color claim to include white and amend the description to identify where white appears in the mark. The following color claim and description are suggested, if accurate:
Color claim: “The colors white and light green are claimed as a feature of the mark.”
Description: “The mark consists of a figure of a robot head in light green with white eyes, appearing on a white background.”
(2) If white is not a feature of the mark, applicant must amend the description to state that white represents background, outlining, shading and/or transparent areas and is not part of the mark. The following description is suggested, if accurate: “The mark consists of a figure of a robot head in light green. The color white represents background, outlining, shading, and/or transparent area and is not part of the mark.”
TMEP §807.07(d).
Applicant should note the following additional potential ground for refusal.
Advisory – Prior-Filed Application
The filing date of pending U.S. Application Serial No. 79279006 precedes applicant’s filing date. See attached referenced application. If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
Advisory – Responding to a Non-Final Office Action
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.
Click to file a response to this nonfinal Office action.
/Sara Anne Helmers/
Sara Helmers (she/her)
Trademark Examining Attorney
Law Office 126
571-270-3639
Sara.Helmers@uspto.gov
RESPONSE GUIDANCE