To: | Lymal Trading LLC (curt@intuitlaw.com) |
Subject: | U.S. Trademark Application Serial No. 90175703 - LYMAL AUDIO - Lymal Logo |
Sent: | February 01, 2021 09:01:37 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90175703
Mark: LYMAL AUDIO
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Correspondence Address:
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Applicant: Lymal Trading LLC
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Reference/Docket No. Lymal Logo
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: February 01, 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 FOR CONFLICTING 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.
PLEASE NOTE: Applicant is encouraged to email the trademark examining attorney to resolve the issues raised below by authorizing an examiner’s amendment. The Applicant may provide the serial number of the application and the following response: “I authorize the amendment(s) as suggested.” paul.moreno@uspto.gov
Applicant must respond to the following requirements.
DISCLAIMER REQUIREMENT
The applicant must insert a disclaimer of "AUDIO" in the application because AUDIO merely describes the purpose and use of applicant’s goods. See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(a). Applicant’s goods are audio goods.
The Office can require an applicant to disclaim an unregistrable part of a mark consisting of particular wording, symbols, numbers, design elements or combinations thereof. 15 U.S.C. §1056(a). Under Section 2(e) of the Trademark Act, the Office can refuse registration of an entire mark if the entire mark is merely descriptive, deceptively misdescriptive, or primarily geographically descriptive of the goods. 15 U.S.C. §1052(e). Thus, the Office may require an applicant to disclaim a portion of a mark that, when used in connection with the goods or services, is merely descriptive, deceptively misdescriptive, primarily geographically descriptive, or otherwise unregistrable (e.g., generic). TMEP §1213.03(a).
A "disclaimer" is a statement that applicant does not claim exclusive rights to an unregistrable component of a mark. TMEP §1213. A disclaimer does not affect the appearance of the applied-for mark. See TMEP §1213.10.
A disclaimer does not physically remove the disclaimed matter from the mark, but rather is a written statement that applicant does not claim exclusive rights to the disclaimed wording and/or design separate and apart from the mark as shown in the drawing. TMEP §§1213, 1213.10.
The following cases further explain the disclaimer requirement: Dena Corp. v. Belvedere Int’l Inc., 950 F.2d 1555, 21 USPQ2d 1047 (Fed. Cir. 1991); In re Kraft, Inc., 218 USPQ 571 (TTAB 1983).
Applicant may submit the following:
DISCLAIMER
No claim is made to the exclusive right to use "AUDIO" apart from the mark as shown.
TMEP §1213.08(a)(i); see In re Owatonna Tool Co., 231 USPQ 493 (Comm'r Pats. 1983).
RESPONSE
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.
/Paul A. Moreno/
United States Patent and Trademark Office
Attorney
Law Office 103
571-272-2651
paul.moreno@uspto.gov
RESPONSE GUIDANCE