To: | Walmart Apollo, LLC (ustm@walmartlegal.com) |
Subject: | U.S. Trademark Application Serial No. 90038986 - WALMART NEIGHBORHOOD MARKET - 81409040 |
Sent: | September 09, 2020 02:32:49 PM |
Sent As: | ecom113@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90038986
Mark: WALMART NEIGHBORHOOD MARKET
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Correspondence Address:
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Applicant: Walmart Apollo, LLC
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Reference/Docket No. 81409040
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: September 09, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
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DISCLAIMER REQUIRED
Applicant must disclaim “NEIGHBORHOOD MARKET” because it is merely descriptive of a characteristic and feature of applicant’s services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The attached evidence shows this wording is commonly used in connection with similar services to mean the goods are provided by a local grocer. Applicant’s services involve grocer services to local communities. Thus, the wording is merely descriptive of a characteristic and feature of applicant’s services.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “NEIGHBORHOOD MARKET” 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.
Responding to this office action
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
How to respond. Click to file a response to this nonfinal Office action.
/Jesse Nelman/
Jesse Nelman
Examining Attorney
Law Office 113
(571) 272-0191
jesse.nelman@uspto.gov
RESPONSE GUIDANCE