To: | Safariland, LLC (trademark@kanekessler.com) |
Subject: | U.S. Trademark Application Serial No. 90172138 - DEFENSE TECHNOLOGY - 8485-6 |
Sent: | January 27, 2021 01:05:00 PM |
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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90172138
Mark: DEFENSE TECHNOLOGY
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Correspondence Address:
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Applicant: Safariland, LLC
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Reference/Docket No. 8485-6
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: January 27, 2021
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 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.
Identification of Goods
Applicant may adopt the following identification, if accurate:
INTERNATIONAL CLASS 018: Backpacks and gear bags in the nature of _______ [specify type of gear bags]
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.
Applicant must disclaim the wording “TECHNOLOGY” because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods. 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).
The term “TECHNOLOGY” is defined as “countable/uncountable advanced scientific knowledge used for practical purposes, especially in industry: computer/software/military technology” and “advanced machines and equipment developed using technology”. Please see attached definitions from Macmillan Dictionary. It is merely descriptive of a feature or characteristic of the goods. Please see attached registrations in which the term “TECHNOLOGY” has been held merely descriptive and disclaimed for backpacks and a wide range of bags in International Class 18.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “TECHNOLOGY” 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.
A “disclaimer” is a statement in the application record that an applicant does not claim exclusive rights to an unregistrable component of the mark. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 979-80, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP §1213. A disclaimer does not physically remove the disclaimed matter from the mark or otherwise affect the appearance of the mark. See Schwarzkopf v. John H. Breck, Inc., 340 F.2d at 979, 144 USPQ2d at 433; TMEP §1213.
How to respond. Click to file a response to this nonfinal Office action.
/Sally Shih/
Trademark Examining Attorney
Law Office 106
United States Patent & Trademark Office
sally.shih@uspto.gov
571-272-9712
RESPONSE GUIDANCE