To: | Moeller Klaus (klaus@emerican.com) |
Subject: | U.S. Trademark Application Serial No. 90618923 - GERMS ARE STUPID! - N/A |
Sent: | October 27, 2021 05:13:12 PM |
Sent As: | ecom124@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90618923
Mark: GERMS ARE STUPID!
|
|
Correspondence Address:
|
|
Applicant: Moeller Klaus
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
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: October 27, 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, 2.65(a); TMEP §§711, 718.03.
SUMMARY OF ISSUES
Drawing Requirement
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.
Color Claim Requirement
The following color claim is suggested: “The colors green, yellow, black, and white are claimed as a feature of the mark.”
Mark Description Requirement
The following description is suggested, if accurate: The mark consists of a yellow square with the words “GERMS ARE STUPID!” at the top in green with a green germ design in the center having green blobs throughout and white and black eyes and a black smile having a white tooth.
Entity Requirement
If applicant is an individual, applicant must request that the legal entity be amended to “individual” and must indicate his or her country of citizenship. See 37 C.F.R. §2.32(a)(3)(i); TMEP §803.03(a). Alternatively, if applicant is a corporation, applicant must provide the legal name of the corporation and U.S. state or foreign country of incorporation or organization. 37 C.F.R. §2.32(a)(3)(ii); see TMEP §803.03(c).
If, in response to the above request, applicant provides information indicating that it is not the owner of the mark, registration will be refused because the application was void as filed. See 37 C.F.R. §2.71(d); TMEP §§803.06, 1201.02(b). An application must be filed by the party who owns or is entitled to use the mark as of the application filing date. See 37 C.F.R. §2.71(d); TMEP §1201.02(b).
RESPONSE GUIDELINES
For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.
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.
/mvaghani/
Mayur Vaghani
Trademark Examining Attorney
Law Office 124
Phone: (571) 272-1615
mayur.vaghani@uspto.gov
RESPONSE GUIDANCE