To: | Callies Performance Products, Inc. (ipdocketing@eastmansmith.com) |
Subject: | U.S. Trademark Application Serial No. 90171796 - ENERGY - 221706 |
Sent: | July 15, 2021 05:31:23 PM |
Sent As: | ecom111@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90171796
Mark: ENERGY
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Correspondence Address: |
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Applicant: Callies Performance Products, Inc.
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Reference/Docket No. 221706
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: July 15, 2021
This Office action is in response to applicant’s communication filed on May 25, 2021. Please be advised that the amended description of the mark is acceptable and has been entered into the record. In addition, based on the applicant’s response, the likelihood of confusion refusal is now WITHDRAWN. However, the applicant’s response now raises the following new issue.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Registration is refused because the applied-for mark merely describes a feature/characteristic/purpose/function of applicant’s goods. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
In this case, the applicant seeks to register the stylized mark ENERGY for internal combustion engine parts, namely, intake manifolds, billet engine blocks and cylinder heads. In the context of the relevant goods, the proposed mark is merely descriptive. The attached dictionary evidence shows that “energy” is defined as a form of power used for making things work. Here, the wording is descriptive because it immediately and directly tells consumers that the applicant’s goods are engine parts that are used in supplying energy or to make the things work.
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration.
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.
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Ingrid C. Eulin
Examining Attorney
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571-272-9380
Ingrid.Eulin@uspto.gov
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