To: | Capstone Industries Inc (aimee@capstoneindustries.com) |
Subject: | U.S. Trademark Application Serial No. 90046154 - THIN CAST - N/A |
Sent: | October 28, 2020 11:09:09 AM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90046154
Mark: THIN CAST
|
|
Correspondence Address: |
|
Applicant: Capstone Industries Inc
|
|
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 28, 2020
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE RECORDS
MARK IN DRAWING AND DESCRIPTION OF MARK REQUIREMENT
Applicant identifies two different marks in two different locations in the application; however, an application is limited to only one mark. TMEP §807.01; see 37 C.F.R. §2.52. Specifically, the mark in the drawing of the application shows the mark as a stylized design of an incomplete diamond shape that features a “T” shape at its center. However, the description of the mark in the application specifies that the mark consists of The “word” THIN CAST and the attached logo.
When an application includes a mark in the body of the application and a different mark in the drawing or in the “Mark” field, the mark in the drawing controls for purposes of determining what the mark is. In re L.G. Lavorazioni Grafite, S.r.l., 61 USPQ2d 1063 (Dir USPTO 2001); TMEP §807.01. Therefore, the applied-for mark in this application is the mark in the drawing consisting of a stylized design of an incomplete diamond shape that features a “T” shape at its center.
The following description is suggested, if accurate: The mark consists of a stylized design of an incomplete diamond shape that features a “T” shape at its center.
How to respond. Click to file a response to this nonfinal Office action.
/Khanh M. Le/
Trademark Examining Attorney
Law Office 116
U.S. Patent & Trademark Office
Khanh.Le@USPTO.gov
(571) 272-9435
RESPONSE GUIDANCE