To: | White, Amanda N (pinkxplosives30@yahoo.com) |
Subject: | U.S. Trademark Application Serial No. 90040452 - PINK XPLOSIVES - N/A |
Sent: | November 06, 2020 01:12:22 PM |
Sent As: | ecom114@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90040452
Mark: PINK XPLOSIVES
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Correspondence Address:
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Applicant: White, Amanda N
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Reference/Docket No. N/A
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: November 06, 2020
This Office action is in response to applicant’s communication filed on October 18, 2020.
In a previous Office action dated October 16, 2020, the trademark examining attorney refused registration of the applied-for mark based on the following: SPECIMEN REFUSAL. Although applicant submitted a specimen, the specimen is not acceptable as indicated below.
In addition, applicant was required to satisfy the following requirement: ENTITY.
Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied: ENTITY. See TMEP §§713.02, 714.04.
Thus, the trademark examining attorney maintains and now makes FINAL the refusal in the summary of the issue below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF THE ISSUE MADE FINAL that applicant must address:
SPECIMEN REFUSAL
Thus, the refusal to register the applied-for mark in International Class 41 is now made final because applicant failed to provide evidence of use of the mark 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), 2.63(b); TMEP §§904, 904.07, 1301.04(g)(i).
In the present case, the specimen submitted on October 18, 2020 is merely an image depicting the applied-for mark in the color pink with a pink background splotch design. Given the specimen is merely an image or rendering or the applied-for mark with a design, the specimen does not show the applied-for mark as actually used in commerce in connection with applicant’s party planning services. Thus, registration is refused because the specimen is merely a a depiction of the applied-for mark which does not show the applied-for mark as actually used in commerce with the services in International Class 41.
Examples of specimens. Specimens for services must show a direct association between the mark and the services and include: (1) copies of advertising and marketing material, (2) a photograph of business signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the services. See 37 C.F.R. §2.56(b)(2), (c); TMEP §1301.04(a), (h)(iv)(C).
Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the date it was accessed or printed on the specimen itself, within the TEAS form that submits the specimen, or in a verified statement under 37 C.F.R. §2.20 or 28 U.S.C. §1746 in a later-filed response. See 37 C.F.R. §2.56(c); TMEP §§904.03(i), 1301.04(a).
Response options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was 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 and (b) shows the mark in actual use in commerce for the goods and/or services identified in the application or amendment to allege use. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b) (which includes withdrawing an amendment to allege use, if one was filed), as no specimen is required before publication. This option will later necessitate additional fee(s) and filing requirements, including a specimen.
For an overview of the response options referenced above and instructions on how to satisfy these options using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
Thus, the refusal to register the applied-for mark in International Class 41 is now made final because applicant failed to provide evidence of use of the mark in commerce.
RESPONSE TO THIS ACTION
Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:
(1) A request for reconsideration that fully resolves all outstanding requirements and refusals; and/or
(2) An appeal to the Trademark Trial and Appeal Board with the required filing fees.
TMEP §715.01; see 37 C.F.R. §2.63(b)(1)-(2).
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Brendan McCauley/
Brendan McCauley
Trademark Examining Attorney
Law Office 114
571-272-9459
Brendan.McCauley@USPTO.GOV
RESPONSE GUIDANCE