To: | Dynasty Bourbon Company, LLC (bobby@rsplottlaw.com) |
Subject: | U.S. Trademark Application Serial No. 90797310 - DYNASTY BOURBON - N/A |
Sent: | May 02, 2022 02:06:53 PM |
Sent As: | ecom104@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. 90797310
Mark: DYNASTY BOURBON
|
|
Correspondence Address: 1490 NORTHBANK PARKWAY, SUITE 140
|
|
Applicant: Dynasty Bourbon Company, LLC
|
|
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: May 02, 2022
This Office action is in response to applicant’s communication filed on April 11, 2022.
In a previous Office action dated March 20, 2022, the trademark examining attorney refused registration of the applied-for mark based on Trademark Act Section 2(d) for a likelihood of confusion with two registered marks. The applicant was also made aware of two prior pending applications.
The applicant responded by amending the mark which has created the new issue below. The likelihood of confusion refusal from the March 20, 2022, Office action is maintained and continued and is incorporated by reference. Please note that the potential refusals for the prior pending applications are hereby withdrawn. See TMEP §§713.02, 714.04
Applicant must now respond timely and completely to the new issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
DISCLAIMER REQUIRED
Applicant must disclaim the term “BOURBON” because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
The attached evidence from Merriam-Webster.com shows the term “bourbon” means “a whiskey distilled from a mash made up of not less than 51 percent corn plus malt and rye”. Thus, the wording merely describes a characteristic or use of the applicant’s goods which are a whiskey distilled from a mash made up of not less than 51 percent corn plus malt and rye. In support of this position, please see the applicant’s identification of goods, which includes, “Alcoholic beverages, namely, Bourbon whiskey”.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “BOURBON” 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.
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.
/Christopher M. Nunley/
Examining Attorney
Law Office 104
(571) 270-3782
Christopher.Nunley@uspto.gov
How to respond. Click to file a response to this nonfinal Office action.
RESPONSE GUIDANCE