To: | Olin Corporation (bwheelock@hdp.com) |
Subject: | U.S. Trademark Application Serial No. 90150134 - 6.8 WESTERN - 6113A-205450 |
Sent: | December 07, 2020 10:20:01 AM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90150134
Mark: 6.8 WESTERN
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Correspondence Address: |
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Applicant: Olin Corporation
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Reference/Docket No. 6113A-205450
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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: December 07, 2020
USPTO database searched; no conflicting marks found. 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 address issues shown below. After discussing the issues with the applicant’s attorney, the issue addressed below was discovered. The examining attorney left several messages for the applicant’s attorney but the examining attorney and the applicant’s attorney were unable to connect. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
Color Claim and Mark Description
A complete color claim must reference all the colors appearing in the drawing of the mark. See 37 C.F.R. §2.52(b)(1); TMEP §§807.07(a) et seq. Similarly, a complete description of a mark depicted in color must specify where the colors appear in the literal and design elements of the mark. See 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §§807.07(a) et seq. If black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark, applicant must so specify in the description. See TMEP §807.07(d).
The following color claim and description are suggested, if accurate:
Color claim: “The colors red, white and black are claimed as a feature of the mark.”
Description: “The mark consists of 6.8 stylized in black and white and the word WESTERN in stylized red and white such that the letters and numbers appear weathered.
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
How to respond. Click to file a response to this nonfinal Office action.
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use 6.8 apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(c), 1213.08(a)(i).
/Dawn Feldman Lehker/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 111
(571)272-9381
dawn.feldman-lehker@uspto.gov
RESPONSE GUIDANCE