TEAS Petition to Revive Abandon Applic

PTO- 2194

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

---

PTO- 2194

Approved for use through 03/31/2024. OMB 0651-0054

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Petition To Revive Abandoned Application - Failure To Respond Timely To Office Action

To the Commissioner for Trademarks:

Application serial no. 88881222 EMUSTER(Standard Characters, see http://uspto.report/TM/88881222/mark.png) has been amended as follows: PETITION
Petition Statement
Applicant has firsthand knowledge that the failure to respond to the Office Action by the specified deadline was unintentional, and requests the USPTO to revive the abandoned application.RESPONSE TO OFFICE ACTION

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant respectfully disagrees that the applied-for mark merely describes a significant feature or characteristic of applicant?s services. First, the prefix "e" in Applicant's "eMuster" mark is indicative that Applicant's mark is, in fact, suggestive because ?imagination, thought, or perception is required to reach a conclusion on the nature of the goods or services.? In re Quik-Print Shops, Inc. 616 F.2d 523, 525, 205 U.S.P.Q. 505, 507 (C.C.P.A. 1980). Under this ?imagination test," if a mark requires consumers to use their imaginations to draw conclusions about the goods or services offered, then it is suggestive. A mark that consists of ambiguous or broad terms requires consumers to exercise imagination. For example, the Federal Circuit held that ?TECHNOLOGY? used for computer products (specifically, etched metal electronic components, flexible circuits, actuator bands for disk drives, print bands, increment discs, and flexible assemblies for disk drives) was not merely descriptive because it is a broad term that encompasses many goods, and therefore doesn?t immediately tell consumers something about the product. See In re Hutchinson, 852 F.2d 552, 554-55 (Fed. Cir. 1988). When a mark consists of the ?e? prefix coupled with a descriptive word or term for electronic services, then the entire mark may be considered merely descriptive under Trademark Act Section 2(e)(1). See In re SPX Corp., 63 USPQ2d 1592 (TTAB 2002) (holding E-AUTODIAGNOSTICS merely descriptive of an electronic engine analysis system comprised of a hand-held computer and related computer software); In re Styleclick.com Inc., 57 USPQ2d 1445 (TTAB 2000) (holding E FASHION merely descriptive of software for consumer use in shopping via a global computer network and of electronic retailing services); TMEP ?1209.03(d). the use of the prefix "e" in "eMuster" is suggestive because it requires consumers to use their imagination to draw conclusions about the In this case, the examining attorney has attached evidence from Merriam-Webster and Acronym Finder showing that the letter ?e? used as a prefix has become commonly recognized as a designation for services that are electronic in nature or are sold or provided electronically. That evidence is not disputed by Applicant. In fact, that evidence is probative of the suggestive nature of Applicant's mark. The Examiner argues that "e" is a prefix commonly recognized as a designation for services that are electronic in nature, or sold or provided electronic. Yet cruise ship services are not electronic in nature, and are not provided electronically. And, mustering a cruise ship vessel is not sold electronically. Indeed, consumers - and cruise consumers in particular - understand that mustering is an activity that requires the physical presence of the consumer at a muster station on the cruise vessel. So, it is suggestive for Applicant to designate its muster process onboard a cruise vessel with the "e" prefix. Indeed, consumers' imagination will be immediately triggered, and their curiosity piqued, by Applicant's use of the "e" prefix - since consumers have come to expect the entirety of the muster process to take place electronically. And, unlike the cases cited by Examiner, Applicant's cruise ship services not provided via a personal computer, a video gaming console, nor rendered in software form - but take place in person, fully onboard state of the art floating vessels plying the high seas. Cf (In re SPX Corp., 63 USPQ2d 1592 (TTAB 2002) (holding E- AUTODIAGNOSTICS merely descriptive of an electronic engine analysis system comprised of a hand-held computer and related computer software); In re Styleclick.com Inc., 57 USPQ2d 1445 (TTAB 2000) (holding E FASHION merely descriptive of software for consumer use in shopping via a global computer network and of electronic retailing services); TMEP ?1209.03(d).) Considering the above, when considered as a composite whole and in the context of applicant?s identified services, consumers mark requires consumers to use their imaginations to draw conclusions about the goods or services offered. It is respectfully submitted that cruise consumers, and indeed consumers at large, upon viewing Applicant's mark - will not take away the knowledge that applicant provides means for participating in electronic muster drills as part of its cruises. In fact, consumers understand muster drills require the physical multi-sensory participation (i.e., donning a lifejacket, listening to the sound of the emergency signal) of each and every cruise passenger. Accordingly, the Examiner should withdraw the the merely descriptive refusal, and allow the mark for registration on the principal register.

ADDITIONAL STATEMENTS
Miscellaneous Statement
RESPONSE TO RULE 2.61(b) REQUEST FOR INFORMATION ABOUT APPLICANT'S SERVICES Applicant respectuflly disagrees that its mark is descriptive, but submits the following in response to the Examiner's Request for Information: Question No. 1: Does applicant provide, or does applicant intend to provide, cruise ship muster drills via electronic, digital, or otherwise non-physical means in connection with its cruise ship services? Answer No. 1: The International Convention on the Safety of Life At Sea requires Applicant to continue to provide cruise ship muster drills that require in-person presence at various muster stations onboard the vessel. Accordingly, muster drills will continue to require the physical presence of passengers at their muster stations onboard the vessel. Question No. 2: Does applicant provide, or does applicant intend to provide electronic, digital, or otherwise non-physical muster stations on its ships in connection with its cruise ship services? Answer No. 2: No. Muster stations on ships will continue to be physical, as required by the International Convention of the Safety of Life at Sea.

Correspondence Information (current):
      ERNESTO RUBI
      PRIMARY EMAIL FOR CORRESPONDENCE: erubi@rccl.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Ernesto Rubi
      PRIMARY EMAIL FOR CORRESPONDENCE: erubi@rccl.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): vtytgat@rccl.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $150 is being submitted.

SIGNATURE(S)

Signature: /Ernesto M. Rubi/      Date: 03/11/2021
Signatory's Name: Ernesto M. Rubi
Signatory's Position: Attorney of Record, Florida Bar Member
Signatory's Phone Number: 3054207627


Response Signature
Signature: /Ernesto M. Rubi/     Date: 03/11/2021
Signatory's Name: Ernesto M. Rubi
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 3054207627 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    ERNESTO RUBI
   
   
   1050 CARIBBEAN WAY
   MIAMI, Florida 33132
Mailing Address:    Ernesto Rubi
   1050 CARIBBEAN WAY
   MIAMI, Florida 33132
        
PAYMENT: 88881222
PAYMENT DATE: 03/11/2021
        
Serial Number: 88881222
Internet Transmission Date: Thu Mar 11 23:47:36 ET 2021
TEAS Stamp: USPTO/POA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20210311234736501370-88881222-7
70644fff83105a14d5beeda0264f715f9b95a98e
34ed46d45f769776f96929fb-CC-47333445-202
10311231112803109