To: | Simulated Wood Grain Design LLC (jml@carmodymacdonald.com) |
Subject: | U.S. Trademark Application Serial No. 90085532 - FORT - 20446.0 |
Sent: | November 29, 2020 03:05:41 PM |
Sent As: | ecom110@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90085532
Mark: FORT
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Correspondence Address: |
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Applicant: Simulated Wood Grain Design LLC
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Reference/Docket No. 20446.0
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 29, 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
Refusal Section 2(e)(1) - Descriptiveness
The applicant has applied to register the mark FORT (standard characters) for “furniture; modular furniture; frameless furniture; foam furniture; cushions; furniture accessories, namely, fitted covers made of fabric”; and “children's multiple activity toys; children's educational activity toys for developing fine motor and cognitive skills; toy building blocks capable of interconnection; modular foam building blocks and cushions that can be stacked, arranged, or built into various structures or furniture.”
The applicant’s goods are intended to be used by consumers to make indoor forts. The examining attorney refers to the attached printouts of applicant’s webpage and third party webpages describing forts made of cushions or pillow. See attached. Terms that describe the function or purpose of a product or service may be merely descriptive. TMEP §1209.03(p); see, e.g., In re Hunter Fan Co., 78 USPQ2d 1474, 1477 (TTAB 2006) (holding ERGONOMIC merely descriptive of ceiling fans); In re Wallyball, Inc., 222 USPQ 87, 89 (TTAB 1984) (holding WALLYBALL merely descriptive of sports clothing and game equipment); In re Orleans Wines, Ltd., 196 USPQ 516, 517 (TTAB 1977) (holding BREADSPRED merely descriptive of jams and jellies).
For the foregoing reasons the wording of the mark merely describes a feature, characteristic or intended use of the goods being offered. Accordingly, registration is refused under Section 2(e)(1) of the Act.
Although the trademark examining attorney has refused registration, applicant may respond to the refusal to register by submitting evidence and arguments in support of registration.
ADVISORY – Supplemental Register
Additional Requirements
Identification of Goods
International Class 20
furniture; modular furniture; frameless furniture; foam furniture; cushions; furniture accessories, namely, fitted furniture covers made of fabric
International Class 28
children's multiple activity toys; children's educational activity toys for developing fine motor and cognitive skills; toy building blocks capable of interconnection; modular foam toy building blocks and cushions that can be stacked, arranged, or built into various structures or furniture
Additions Not Permitted
ID Manual Online
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.
Response
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.
How to respond. Click to file a response to this nonfinal Office action.
/Ellen J.G. Perkins/
Ellen J.G. Perkins
Examining Attorney - Law Office 110
U.S. Patent & Trademark Office
571 272-9372
Ellen.Perkins@uspto.gov
RESPONSE GUIDANCE