To: | Palmetto State Armory, LLC (mcnairip@burr.com) |
Subject: | U.S. Trademark Application Serial No. 90386420 - HUNTSMAN - N/A |
Sent: | June 17, 2021 11:07:47 AM |
Sent As: | ecom101@uspto.gov |
Attachments: | Attachment - 1 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90386420
Mark: HUNTSMAN
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Correspondence Address: |
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Applicant: Palmetto State Armory, 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: June 17, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Database Search Results
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.
Trademark Act Section 2(e)(1) - Descriptive Refusal
Registration is refused because the applied-for mark merely describes a feature and characteristic of applicant’s goods. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
The applicant seeks to register HUNTSMAN for firearms. The word “HUNTSMAN” is defined as “A person who hunts animals”. See the attached dictionary definition. The word “huntsman” immediately describes the intended user of the goods. A mark that describes an intended user or group of users of a product or service is merely descriptive. E.g., In re Planalytics, Inc., 70 USPQ2d 1453 (TTAB 2004) (holding GASBUYER merely descriptive of intended user of risk management services in the field of pricing and purchasing natural gas); In re Camel Mfg. Co., 222 USPQ 1031 (TTAB 1984) (holding MOUNTAIN CAMPER merely descriptive of intended users of retail and mail order services in the field of outdoor equipment and apparel); see TMEP §1209.03(i). The goods are intended to be used by someone who hunts animals with a gun. Based on the above reason, the proposed mark must be held to be merely descriptive of the goods.
Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.
Email/Telephone for Inquiries
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.
/Angela M Micheli/
Trademark Examining Attorney, Law Office 101
571.272.9196
angela.micheli@uspto.gov
RESPONSE GUIDANCE