To: | Central Florida Expressway Authority (jchoufani@allendyer.com) |
Subject: | U.S. Trademark Application Serial No. 88873127 - EXPRESSWAY AUTHORITY - 0113115.2 |
Sent: | July 14, 2020 04:35:08 PM |
Sent As: | ecom104@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 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88873127
Mark: EXPRESSWAY AUTHORITY
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Correspondence Address: ALLEN, DYER, DOPPELT & GILCHRIST, P.A. |
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Applicant: Central Florida Expressway Authority
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Reference/Docket No. 0113115.2
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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: July 14, 2020
USPTO database searched; no conflicting marks found. 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 must address issues shown below. On July 14, 2020, the examining attorney and Jaafar Choufani discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
The attached evidence from www.merriam-webster.com shows this wording means a “high-speed divided highway” and “authority” describes a “governmental agency or corporation to administer a revenue-producing public enterprise.” Thus, the wording merely describes applicant as the agency which administers highways.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “EXPRESSWAY AUTHORITY” 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.
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
The following description of the mark replaces the current description of record:
The mark consists of the underlined wording “EXPRESSWAY AUTHORITY” beneath a design featuring horizontal bands on top of a shaded semi-circle with two curved lines resembling a highway imposed diagonally on the design.
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
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.
/Verna B. Ririe/
Trademark Examining Attorney
Law Office 104
(571) 272-9310
verna.ririe@uspto.gov
RESPONSE GUIDANCE