To: | Hangzhou Shengdeyi Plastic&Electromechan ETC. (tonyhom1@outlook.com) |
Subject: | U.S. Trademark Application Serial No. 90079847 - SWANLAKE GARDEN TOOLS - N/A |
Sent: | November 18, 2020 10:52:45 AM |
Sent As: | ecom123@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90079847
Mark: SWANLAKE GARDEN TOOLS
|
|
Correspondence Address: |
|
Applicant: Hangzhou Shengdeyi Plastic&Electromechan ETC.
|
|
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: November 18, 2020
INTRODUCTION
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 USPTO DATABASE OF MARKS
The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Applicant must disclaim the wording “GARDEN TOOLS” 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).
Here, the wording “garden tools” is descriptive as evidenced by its inclusion in applicant’s identification of goods. See Applicant’s Identification of Goods (“Spanners; Abrading tools; Beard clippers; Bit braces for manual drills; Bit drivers for hand tools; Bits for hand drills; Drill bits for hand drills; Engraving needles; Fish tape for pulling cables; Hand-operated agricultural implements, namely, broadforks; Hand-operated agricultural implements, namely, chicken pluckers; Hand-operated agricultural implements, namely, cider presses; Hand-operated chisels; Hand-operated press machines for paper making, book binding, embossing and relief and intaglio printing; Hand tools, namely, augers; Hand tools, namely, graving tools; Hand tools, namely, post hole diggers; Hand tools, namely, punches; Hand tools, namely, screwdrivers; Hand tools, namely, taps; Hand tools, namely, weed diggers; Lawn and garden tools, namely, cultivators; Manually operated hand tools, namely, screwdrivers, shovels, wrenches and hammers; Multi-function hand tools comprised of screwdrivers, knives, can openers, file and pliers; Ratchet handles; Screwdrivers, non-electric; Hand tools, namely, hammers; Table cutlery, namely, forks, spoons, knives”). Thus, the wording must be disclaimed.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “GARDEN TOOLS” 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.
MARK DESCRIPTION AMENDMENT REQUIRED
The following description is suggested, if accurate: The mark consists of the stylized wording "SWANLAKE GARDEN TOOLS" inside of an incomplete oval with two leaves between the wording “GARDEN” and “TOOLS”.
TELEPHONE/EMAIL FOR CLARIFICATION RECOMMENDED
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the requirements in this Office action. See TMEP §§705.02, 709.06.
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.
/Collier L Johnson II/
Collier L Johnson II
Examining Attorney
Law Office 123
571-270-0878
collier.johnson@uspto.gov
RESPONSE GUIDANCE