To: | JAWHP, LLC (trademark@whp-global.com) |
Subject: | U.S. Trademark Application Serial No. 90339329 - BESPOKE - N/A |
Sent: | May 11, 2021 01:04:01 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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90339329
Mark: BESPOKE
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Correspondence Address: |
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Applicant: JAWHP, LLC
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Reference/Docket No. N/A
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: May 11, 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’s goods/services are:
Class 25: Clothing, headwear, and footwear
Class 35: retail store services
Class 40: custom tailoring services
BESPOKE is defined as “Custom-made E.g., a bespoke suit,” and “dealing in or producing custom-made articles, e.g., a bespoke tailor.”
As indicated by Applicant’s specimen of use, applicant’s goods are all bespoke goods (custom made), and applicant is serving as a bespoke retailer/tailor. The term immediately describes this central feature of the goods/services.
See, for example, the following attachments:
Gentleman’s Gazette: “Bespoke Tailoring Basics. Bespoke tailoring is the pinnacle of men’s attire in terms of customization, time commitment, and cost. In today’s article, our resident expert in bespoke tailoring and author of the influential The Gentleman book, Bernhard Roetzel, will share the basics of why bespoke is worth the money and how to get started.”
Wikipedia: “Bespoke tailoring … is clothing made to an individual buyer's specifications by a tailor.”
Jaxson Maximus: “WHAT IS TRUE MEANING OF BESPOKE | THE BESPOKE TAILORING GUIDE. … The term bespoke describes something that is custom made for you and you only based on your individual specifications. … Bespoke tailoring combines the core principles of bespoke and elevates them with the masterful craft of tailoring.”
Forbes: “The Bespoke Business Will Change How You Shop -- And How You Look. A mass of opportunity surrounds the power of customization, and brands, retailers and new entrants will be wise to look for new ways to support and grow the bespoke business.”
Thus, the wording merely describes a significant feature or characteristic of applicant’s goods and 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 “BESPOKE” 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.
IDENTIFICATION OF GOODS AND SERVICES
The wording in the identification of goods and services is indefinite, overbroad, or does not sufficiently distinguish the form or function of the goods to be proper beneath the present guidelines of the Trademark Act. Thus, the language must be better-clarified where indicated below, in bold. Explanations for the reasoning behind the indefiniteness, and proper re-classification where applicable, is provided below within the identifications.
Applicant may therefore adopt the following identification(s), if accurate. See TMEP §1402.01.
Class 25: Clothing, namly, {list items of clothing by their common commercial names, e.g., suits, dress shirts, dress pants and ties}; headwear; footwear
Class 35: Retail store services featuring {specify goods being sold, e.g., clothing}
Class 40: (acceptable)
The applicant is advised that the above suggestions may not be a complete listing of amended specifications available to the applicant, but are instead provided only as suggestions. Given the extremely indefinite nature of some of the goods in part and given that the application is based on intent to use, the examiner is unable to suggest a more comprehensive amended identification for the applicant’s consideration and possible adoption in responding to this Office Action. It is the applicant's duty and prerogative to identify the goods and services. TMEP section 1402.01(d).
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.
COLOR CLAIM & DESCRIPTION OF THE MARK
Applicant may respond to this requirement by satisfying one of the following:
(1) If color is not a feature of the mark, applicant must submit a black-and-white drawing of the mark to replace the color drawing. See TMEP §807.07(a)(i). However, any other amendments to the drawing will not be accepted if they materially alter the mark. 37 C.F.R. §2.72; see TMEP §§807.14 et seq. Applicant must also submit a revised description of all literal and design elements in the mark, deleting any reference to color, if appropriate. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. The following description is suggested, if accurate:
mark consists of the word BESPOKE with a needle threaded in the top of the letter "P".
(2) If color is a feature of the mark, applicant must submit a statement (a) listing all the colors that are claimed as a feature of the mark and (b) describing all the literal and design elements in the mark that specifies where each color appears in those elements. 37 C.F.R. §§2.37, 2.52(b)(1); TMEP §807.07(a)-(a)(ii). Generic color names must be used to describe the colors in the mark, e.g., red, yellow, blue. TMEP §807.07(a)(i)-(ii). If black, white, and/or gray represent background, outlining, shading, and/or transparent areas and are not part of the mark, applicant must so specify in the description. See TMEP §807.07(d). The following color claim and description are suggested, if accurate:
Color claim: “The color brown is claimed as a feature of the mark.”
Description: “The mark consists of the word BESPOKE with a needle threaded in the top of the letter "P,” all in brown.”
See TMEP §807.07(b).
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