To: | Grand Junction Guy LLC (orders@trademarkraft.com) |
Subject: | U.S. Trademark Application Serial No. 88845549 - ANVIL - N/A |
Sent: | June 16, 2020 11:46:36 PM |
Sent As: | ecom125@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88845549
Mark: ANVIL
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Correspondence Address: 16950 VIA DE SANTA FE, 5060-107
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Applicant: Grand Junction Guy 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: June 16, 2020
Introduction
Search
Summary of Issues:
Matching Refusal
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 14, 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 the design of an anvil in a circle in white above the word “ANVIL” in white all on a red background on a bag and the design of an anvil in a circle in red above the word “ANVIL” in red all on a black background on a jewelry box. However, the drawing displays the mark as the design of an anvil in a circle in white to the left of the word “ANVIL” in white all on a red background. The mark on the specimen does not match the mark in the drawing because the word “ANVIL” is in a different place in relation to the design, and in some of the pictures in the specimen, the mark is not in red and white. Applicant has thus failed to provide the required evidence of use of the mark in commerce. See TMEP §807.12(a).
As to the picture of the applied-for mark on a label in the specimen, the mark matches the drawing, however, the unattached tag or label does not include information about the goods. Registration is also refused because the image of a tag or label submitted as a specimen in International Class 14 does not show the tag or label (1) attached to the goods or (2) including informational matter that typically appears on an actual tag or label for these types of goods as they are sold or transported in commerce and thus fails to show the applied-for mark as actually used in commerce. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a), (b)(1); Mandatory Electronic Filing & Specimen Requirements, Examination Guide 1-20, at V.A. (Rev. Feb. 2020); TMEP §§904.04(a), 904.07(a). An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark as actually used in commerce for each international class of goods identified in the application or amendment to allege use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Response options. Applicant may respond to this refusal by satisfying one of the following:
(1) Submit a new color drawing of the mark that shows the mark on the specimen and an amendment of the description and color claim that agrees with the new drawing. See 37 C.F.R. §2.72(b). Applicant may amend the mark in the drawing to match the mark on the specimen but may not make any other changes or amendments that would materially alter the drawing of the mark. See 37 C.F.R. §2.72(a)-(b); TMEP §807.14. The following color claim and description are suggested, if accurate:
Color claim: “The color red is claimed as a feature of the mark.”
Description: “The mark consists of a circular anvil design in red above the term “ANVIL” in a red stylized font. The color black in the mark represents background, outlining, shading and/or transparent areas and is not part of the mark.”
(2) Submit a new black-and-white drawing of the mark and an amendment deleting any color claim and modifying the description to delete any references to color. The following description is suggested, if accurate: “The mark consists of a circular anvil design above the term “ANVIL” in a stylized font.” Applicant may amend the mark in the drawing to delete color but may not make any other changes or amendments that would materially alter the mark on the drawing. See 37 C.F.R. §2.72(a)-(b); TMEP §807.14.
(3) 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 in the colors depicted on the drawing and for the goods and/or services in the application or amendment to allege use, and (b) 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).
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).
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.
Response Options
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 response to this nonfinal Office action.
/Shelby Niemann/
Shelby Niemann
Trademark Examining Attorney
Law Office 125
(571) 270-7330
shelby.niemann@uspto.gov
RESPONSE GUIDANCE