To: | OfRoyalty Brand (yshic78@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 90079341 - KYNGDOM AND QWYNDOM - N/A |
Sent: | November 16, 2020 08:58:20 PM |
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. 90079341
Mark: KYNGDOM AND QWYNDOM
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Correspondence Address:
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Applicant: OfRoyalty Brand
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Reference/Docket No. N/A
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 16, 2020
SEARCH OF USPTO DATABASE OF MARKS
However, applicant must respond to the following requirements.
SPECIMEN REQUIREMENT
Specimen does not show use in specific class. Registration is refused because the specimen does not show the applied-for mark as actually used in commerce in connection with any of the goods and/or services specified in International Class 35. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); In re Keep A Breast Found., 123 USPQ2d 1869, 1876-79 (TTAB 2017); TMEP §§904, 904.07(a), 1301.04(d), (g)(i). An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark as actually used in commerce for each international class of services identified in the application or amendment to allege use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a); see In re Gulf Coast Nutritionals, Inc., 106 USPQ2d 1243, 1247 (TTAB 2013).
Specifically, the specimen shows the mark against a color background with additional wording in what appears to be an advertisement. However, the specimen does not show what services if any are being advertised. Thus, the specimen does not show use of the mark in connection with retail store services featuring clothing, accessories, or household items.
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 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.
MARK DESCRIPTION REQUIREMENT
If the mark is against a transparent background, the following description is suggested, if accurate:
“The mark consists of a gold crown on the left with black eyebrows, female eyes in brown, black, and gold with brown irises, stylized wording “KYNGDOM AND QWYNDOM” in black, with the word “KYNGDOM” and the "A" of the word “AND” written on and near a white line on the gold crown. Gold crown overlaps black crown. The "ND" of the word "AND" is located at the end of gold crown below the black crown in the negative space above the black nose lining. The word “QWYNDOM” is below the black crown on the right and is written above the start of the black nose line. Below the black crown and nose line are lips in black outline within negative space in a black beard. Arches in the black crown are formed by negative space, and negative space forming a line runs from left to right near the bottom of black crown partially hidden where gold crown overlaps. The remaining white in the mark is background and/or transparent area only and is not claimed as a feature of the mark.”
If only the face of the man is in white, the following description is suggested, if accurate:
“The mark consists of a gold crown on the left with black eyebrows, female eyes in brown, black, and gold with brown irises, stylized wording “KYNGDOM AND QWYNDOM” in black, with the word “KYNGDOM” and the "A" of the word “AND” written on and near a white line on the gold crown. Gold crown overlaps black crown. The "ND" of the word "AND" is located at the end of gold crown below the black crown in the negative space above the black nose lining. The word “QWYNDOM” is below the black crown on the right and is written above the start of the black nose line. Below the black crown and nose line are lips in white with black outline in a black beard. Arches in the black crown are formed by negative space, and negative space forming a line runs from left to right near the bottom of black crown partially hidden where gold crown overlaps. The area between the black crown and black beard that forms the shape of a face is white. The remaining white in the mark is background and/or transparent area only and is not claimed as a feature of the mark.”
Applicant should also be advised that the mark in the drawing must match the mark in the specimen. See 37 C.F.R. §2.51(a)-(b); TMEP §807.12(a). For example, if the mark in the drawing features a white area between the black crown and beard, that area must also be white on the specimen.
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.
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.
/Christopher J Nodes/
Christopher J Nodes
Examining Attorney
Law Office 116
(571) 272-5220
christopher.nodes@uspto.gov
RESPONSE GUIDANCE