To: | Naismith Memorial Basketball Hall of Fam ETC. (dbasile@dwpm.com) |
Subject: | U.S. Trademark Application Serial No. 90274517 - BUBBLEVILLE BASKETBALL HALL OF FAME - 69007-3 |
Sent: | March 26, 2021 10:52:54 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. 90274517
Mark: BUBBLEVILLE BASKETBALL HALL OF FAME
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Correspondence Address: |
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Applicant: Naismith Memorial Basketball Hall of Fam ETC.
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Reference/Docket No. 69007-3
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: March 26, 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 has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
DISCLAIMER REQUIRED
Applicant must disclaim the wording “BASKETBALL HALL OF FAME SPRINGFIELD MASS.” because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. 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 applicant’s services are offered in Springfield, Massachusetts, and one of applicant’s services is related to memorabilia being archived and memorialized in a hall of fame for the sport of basketball. Thus, the wording merely describes a significant feature or characteristic of applicant’s goods and/or services, and must be disclaimed.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “BASKETBALL HALL OF FAME SPRINGFIELD MASS.” 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.
NEW DRAWING REQUIRED – CONTAINS UNREGISTRABLE MATERIAL
Applicant must submit a new drawing with the ® symbol deleted from the drawing of the mark; this symbol is not part of the mark and is not registrable. See 37 C.F.R. §2.72; TMEP §807.14(a). Although applicant must delete this matter, applicant may not make any other changes or amendments that would materially alter the drawing of the mark. See 37 C.F.R. §2.72; TMEP §§807.14 et seq. For more information about deleting matter from the drawing, see the Drawing webpage.
(1) Shows the mark either in black on a white background, if color is not a feature of the mark, or in color on a white background, if color is a feature of the mark.
(2) Is of sufficient quality that will reproduce well.
(3) Includes in the application a description of all literal and design elements in the mark.
37 C.F.R. §§2.37, 2.52(b), 2.53(b)-(c), 2.54(e); see TMEP §§807.04-.04(a), 808.01-.02.
For more information about special form drawings and drawings in general, and instructions on how to submit a drawing, see the Drawing webpage.
RESPONSE GUIDELINES
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.
/Caitlin Watts-Fitzgerald/
Caitlin Watts-FitzGerald
Examining Attorney
Law Office 111
571-272-9015
Caitlin.Watts-Fitzgerald@USPTO.GOV
RESPONSE GUIDANCE