To: | The Upper Deck Company (samantha-pto@lozaip.com) |
Subject: | U.S. Trademark Application Serial No. 90462260 - PREMIER - UPPER-511 |
Sent: | July 17, 2021 05:03:25 PM |
Sent As: | ecom115@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90462260
Mark: PREMIER
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Correspondence Address:
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Applicant: The Upper Deck Company
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Reference/Docket No. UPPER-511
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: July 17, 2021
SEARCH OF USPTO DATABASE OF MARKS
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
The term PREMIUM is defined as “first in position, rank, or importance.” See http://www.merriam-webster.com/dictionary/premier. The term PREMIUM merely identifies the fact that the software and the trading cards are first in importance. The mark laudatorily describes a feature of the applicant’s goods.
Based on the aforementioned, the mark is refused because merely describes a feature of the applicant’s goods.
Although applicant’s mark has been refused registration, applicant may respond to the refusal(s) by submitting evidence and arguments in support of registration. However, if applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.
Portions of the identification of goods are indefinite and must be clarified because the nature of the goods is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording to specify the common commercial or generic name of the goods. See TMEP §1402.01. If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses. See id.
See proposed changes in BOLD below.
Applicant may substitute the following wording, if accurate:
International Class 9: Downloadable computer software featuring digital trading cards; downloadable images in the nature of digital trading cards for use on computers, smart phones, tablets and digital personal assistant;
International Class 16: {Specify, e.g. printed} collectible trading cards
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
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.
How to respond. Click to file a response to this nonfinal Office action.
/Bridgett G. Smith/
Trademark Examining Attorney
USPTO Law Office 115
(571) 272-9482 (P)/(571) 273-9482(F)
bridgett.smith@uspto.gov
RESPONSE GUIDANCE