To: | Everglades Scientific Laboratories, LLC (trademarks@legalforcelaw.com) |
Subject: | U.S. Trademark Application Serial No. 90082648 - EVERGLADES - 2000314 |
Sent: | November 19, 2020 11:17:17 AM |
Sent As: | ecom106@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 Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34 Attachment - 35 Attachment - 36 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90082648
Mark: EVERGLADES
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Correspondence Address: LEGALFORCE RAPC WORLDWIDE, P.C.
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Applicant: Everglades Scientific Laboratories, LLC
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Reference/Docket No. 2000314
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 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 Results
Summary of Refusals and/or Requirements
The following is a summary of the requirements and/or refusals outlined below to which the applicant must respond.
n Geographic refusal, Supplemental Register Advisory
n Information requirements
SECTION 2(e)(2) REFUSAL – PRIMARILY GEOGRAPHICALLY DESCRIPTIVE
A mark is primarily geographically descriptive when the following is demonstrated:
(1) The primary significance of the mark to the purchasing public is a generally known location;
(2) The goods or services originate in the place identified in the mark; and
(3) The purchasing public would be likely to believe that the goods or services originate in the geographic place identified in the mark; that is, to make a goods-place or services-place association.
TMEP §1210.01(a); see In re Societe Generale des Eaux Minerales de Vittel S.A., 824 F.2d 957, 959, 3 USPQ2d 1450, 1452 (Fed. Cir. 1987); In re Hollywood Lawyers Online, 110 USPQ2d 1852, 1853 (TTAB 2014); see also In re Newbridge Cutlery Co., 776 F.3d 854, 860-61, 113 USPQ2d 1445, 1448-49 (Fed. Cir. 2015).
The primary significance of EVERGLADES is a region in South Florida. See http://fcit.usf.edu/florida/lessons/everglades/everglades.htm and http://www.doi.gov/blog/10-things-you-didnt-know-about-everglades-national-park. A term can be considered geographic even if it does not have exact geographic boundaries, i.e., if it refers to a “subdivision[] of the earth – regions, nations, counties, town[s], rivers, lakes, and other natural and artificial geographical units.” Burke-Parsons-Bowlby v. Appalachian Log Homes, Inc., 871 F.2d 590, 594, 10 USPQ2d 1443, 1445 (6th Cir. 1989) (quoting World Carpets, Inc. v. Dick Littrell’s New World Carpets, 438 F.2d 482, 485, 168 USPQ 609, 612 (5th Cir. 1971)) (finding the wording APPALACHIAN is a geographic term); see In re Pan-O-Gold Baking Co., 20 USPQ2d 1761, 1764 (TTAB 1991) (finding primary significance of the wording “New England” is geographic); TMEP §1210.02(a).
The goods will originate from the named place based on the fact that the applicant is located there as shown in the application. Bonita Springs, Florida is located in close proximity to the EVERGLADES. See http://www.google.com/maps/place/Everglades/@25.6643619,-81.3646979,9z/data=!3m1!4b1!4m5!3m4!1s0x88d9f5fa2b8bf7ff:0x6406cd8111950780!8m2!3d25.745929!4d-80.5549561. A product that is produced or a service that is provided near the geographic place named in the applied-for mark is sufficient to support a finding that the goods and/or services originate in that geographic location. See, e.g., In re Spirits of New Merced, LLC, 85 USPQ2d 1614, 1621 (TTAB 2007) (holding YOSEMITE BEER primarily geographically descriptive of beer produced and sold in Merced, California, a city located 80 miles from Yosemite National Park, where the goods originated in an area “located near YOSEMITE”); In re Joint-Stock Co. "Baik," 80 USPQ2d 1305, 1310-11 (TTAB 2006) (holding BAIKALSKAYA, the Russian equivalent of “from Baikal” or “Baikal’s,” primarily geographically descriptive of vodka where applicant was located near Lake Baikal, and applicant did not dispute that it produced vodka from a location near and used water from Lake Baikal); see also Warwood v. Hubbard, 228 USPQ 702, 702-03 (Mont. 1985) (holding YELLOWSTONE OUTFITTERS primarily geographically descriptive of outfitting services offered "near Yellowstone Park").
The Trademark Trial and Appeal Board has stated that the purpose of Trademark Act Section 2(e)(2) is “to leave geographic names free for all businesses operating in the same area to inform customers where their goods or services originate.” In re Spirits of New Merced, 85 USPQ2d at 1621 (citing In re MCO Props. Inc., 38 USPQ2d 1154, 1156 (TTAB 1995)).
The area in and around the EVERGLADES is recognized for a high concentration of mosquitos and other insects. Therefore, it is common for consumers to use or purchase insect repellants for use in that area. See http://www.miamiherald.com/news/local/community/miami-dade/article93824997.html.
The examining attorney has also attached sample registrations from the Office’s database of registered marks wherein EVERGLADES was disclaimed or registered on the Supplemental Register for various goods/services that originate in or near the named area. This shows that others use this term to denote the geographic origin of the associated goods and services.
Therefore, registration is refused on the Principal Register.
Supplemental Register Advisory
INFORMATION REQUIRED
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.
/Elissa Garber Kon/
Examining Attorney, Law Office 106
phone: 571-272-9181
email: elissagarber.kon@uspto.gov
RESPONSE GUIDANCE