To: | Valvoline Licensing and Intellectual Pro ETC. (trademark@beneschlaw.com) |
Subject: | U.S. Trademark Application Serial No. 90307330 - WITH MAXLIFE PLUS TECHNOLOGY MOLY - 47075-00260 |
Sent: | April 22, 2021 11:08:21 AM |
Sent As: | ecom121@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90307330
Mark: WITH MAXLIFE PLUS TECHNOLOGY MOLY
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Correspondence Address: |
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Applicant: Valvoline Licensing and Intellectual Pro ETC.
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Reference/Docket No. 47075-00260
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: April 22, 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
DISCLAIMER REQUIREMENT
The attached dictionary evidence shows this wording “TECHNOLOGY” for “the application of scientific knowledge for practical purposes, especially in industry” and the term “MOLY” is a term to refer to “molybdenum” which is “a common anti-fear/friction modifier additive”, the term “ADDITIVE” means “a substance added to something in small quantities to improve or preserve it” and “PROTECTION” means “the action of protecting, or the state of being protected.”. Please also see the attached evidence describing the wording “moly additive protection” as “provid[ing] wear protection of vulnerable metal surfaces.” In connection with applicant’s goods, consumers would immediately understand this wording to identify a formation that includes a moly additive that provides protective functions. Thus, this wording is descriptive of a feature or characteristic of applicant’s goods 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 “TECHNOLOGY” and “MOLY ADDITIVE PROTECTION” 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.
How to respond. Click to file a response to this nonfinal Office action.
/Krystina Osgood/
Examining Attorney
Law Office 121
U.S. Patent and Trademark Office
(571) 272-8403
Krystina.Osgood@uspto.gov
RESPONSE GUIDANCE