To: | Ontel Products Corporation (DWTrademarks@dickinson-wright.com) |
Subject: | U.S. Trademark Application Serial No. 90044172 - CARWASH CANNON - N/A |
Sent: | October 19, 2020 08:23:16 PM |
Sent As: | ecom105@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90044172
Mark: CARWASH CANNON
|
|
Correspondence Address: 1825 EYE STREET N.W.; SUITE 900
|
|
Applicant: Ontel Products Corporation
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
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: October 19, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF USPTO DATABASE OF MARKS
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Registration is refused because the applied-for mark merely describes a feature of applicant’s goods and/or services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
In the present case, the applicant has applied to register the mark CARWASH CANNON for “Multi-purpose high pressure washers, water spray guns and fittings”. The word CARWASH is defined by Merriam Webster’s dictionary to mean “an area or building with equipment for washing cars”. In addition, the word CANNON is defined as “any device for propelling a substance or object at high speeds”. Therefore the applicant’s mark merely describes that the applicant’s goods propel water and are used at car wash establishments. Please see attached dictionary evidence.
Also please see the term CANNON used by third parties to describe similar goods.
Therefore, the mark CARWASH CANNON, as applied to the identified goods, merely describes a feature of applicant’s goods. Accordingly, the proposed mark is merely descriptive, and registration is refused on the Principal Register under Section 2(e)(1).
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration
CLASSIFICATION AND IDENTIFICATION OF GOODS
The wording “water spray guns and fittings” in the identification of goods is misclassified and indefinite. The applicant must specify wither the spray guns are power-operated or hand operated. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate:
Multi-purpose high pressure washers, Power operated water spray guns and fittings in International Class 007;
Hand operated water spray guns and fittings in International Class 008.
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
ASSISTANCE
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.
Lewis, Lakeisha M.
/Lakeisha S. Munn Lewis/
Trademark Examining Attorney
Law Office 105
(571)272-1910
Lakeisha.Lewis@uspto.gov
RESPONSE GUIDANCE