To: | ABC-MART Inc. (DocketDept@uspatent.com) |
Subject: | U.S. Trademark Application Serial No. 90078535 - NUOVO COLLECTION BY HAWKINS - 34644-2 |
Sent: | November 18, 2020 03:21:06 PM |
Sent As: | ecom111@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 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90078535
Mark: NUOVO COLLECTION BY HAWKINS
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Correspondence Address: WOODARD, EMHARDT, HENRY, REEVES & WAGNER
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Applicant: ABC-MART Inc.
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Reference/Docket No. 34644-2
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: November 18, 2020
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.
Disclaimer of Descriptive Wording
Applicant must disclaim “COLLECTION” because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or 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 registrations show that it is a term commonly used in the clothing industry, and that it is also Office practice to disclaim it. Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “COLLECTION” 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.
Identification of the Goods
Applicant may adopt the following wording, if accurate:
Class 25: Garters, Sock suspenders, Gaiter straps, Waistbands, Belts for clothing, Footwear, Masquerade costumes, Athletic uniforms, Baseball shoes, Weightlifting shoes.
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.
To permit proper examination of the application, applicant must submit an English translation of the foreign wording in the mark. 37 C.F.R. §§2.32(a)(9), 2.61(b); see TMEP §809. The following English translation is suggested: The English translation of “NUOVO” in the mark is “NEW”. TMEP §809.03. See attached translation evidence.
Information on How to Respond to this Office Action
Applicant May Resolve Outstanding Issue[s] via Email:
The simplest way to resolve the outstanding issue[s] is to email the examining attorney and authorize an Examiner’s Amendment. If applicant agrees to the suggested language, a simple email will resolve the outstanding issue[s]. Please put the Serial Number of the case in the subject line of the email, and expressly adopt the above suggestions in the body of the email.
An applicant may check the status of or view documents filed in an application or registration using the Trademark Status and Document Retrieval (TSDR) system. Enter the application serial number or registration number and click on “Status” or “Documents.”
For assistance addressing the legal issues raised in this action, please contact the undersigned attorney. For all other matters, including filing questions, status inquiries and general questions, please contact the Trademark Assistance Center at 1-800-786-9199 or 571-272-1000.
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.
/Susan Leslie DuBois/
Examining Attorney
Law Office 111
571.272.9154
susan.dubois@uspto.gov
RESPONSE GUIDANCE