To: | UNITED STATES POSTAL SERVICE (TRADEMARK_ADMIN@USPS.GOV) |
Subject: | U.S. Trademark Application Serial No. 90800967 - POSTAL INSPECTOR US UNITED STATES - N/A |
Sent: | December 23, 2021 10:13:25 PM |
Sent As: | ecom106@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 Attachment - 30 Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34 Attachment - 35 Attachment - 36 Attachment - 37 Attachment - 38 Attachment - 39 Attachment - 40 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90800967
Mark: POSTAL INSPECTOR US UNITED STATES
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Correspondence Address: 475 L'ENFANT PLAZA, SW, ROOM 6417
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Applicant: UNITED STATES POSTAL SERVICE
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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: December 23, 2021
The referenced application has been reviewed by the assigned trademark examining attorney. The applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
No Conflicting Marks Noted
Disclaimer Requirement
The attached evidence from online dictionaries and excerpts from websites shows that the applicant’s services literally consist of providing investigations and protection of U.S. postal employees, real and personal property including inspection of mail and packages for illegal and dangerous goods conducted by postal inspectors. In addition, by definition, the postal inspectors are federal agents that represent and serve the United States Postal Service. Finally, the term “EST.” is simply the widely recognized abbreviation for “established” and is “used with a date after the name of a business or other organization to show when it was started.” In this case, based on the attached excerpt, the United States Postal Inspection Service was established in 1775. See the representative web excerpts and online dictionary definitions for the terms “US,” “postal,” “inspector,” “inspection,” and “federal agent” attached. Thus, the wording merely describes the applicant’s services because the services consist of conducting “postal inspection services” for the United States Postal Service performed by “postal inspectors” that are classified as “federal agents,” and the “United States Postal Inspection Service” was established in 1775.
The applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “POSTAL INSPECTOR” and “UNITED STATES POSTAL INSPECTION SERVICE” and “U S” and “FEDERAL AGENT” and “EST. 1775” 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.
Section 2(f) Acquired Distinctiveness Claim, in Part, Suggested (as to “UNITED STATES POSTAL INSPECTION SERVICE”)
The applicant may amend the application to assert a claim of acquired distinctiveness, in part, as to the wording “UNITED STATES POSTAL INSPECTION SERVICE” under Trademark Act Section 2(f) based on ownership of active U.S. Registration Nos. 2763450 and 3757624. See 15 U.S.C. §1052(f); TMEP §§1212.04 et seq. To do so, the applicant must request that the application be amended to assert a claim of acquired distinctiveness, in part, under Section 2(f) and submit the following statement, if accurate:
The wording “UNITED STATES POSTAL INSPECTION SERVICE” in the mark has become distinctive of the services as evidenced by the ownership of active U.S. Registration Nos. 2763450 and 3757624 on the Principal Register for the same mark for sufficiently similar services.
TMEP §1212.04(e); see 37 C.F.R. §2.41(a)(1).
NOTE: If the applicant submits a claim of acquired distinctiveness as to the wording “UNITED STATES POSTAL INSPECTION SERVICE”, the applicant should amend the disclaimer from the required language above to the following:
No claim is made to the exclusive right to use “POSTAL INSPECTOR” and “U S” and “FEDERAL AGENT” and “EST. 1775” apart from the mark as shown.
Reclassification of Services Currently in International Class 42 Required
Amended Description of the Mark Requirement
The mark consists of a badge design containing stylized leaves and with a stylized eagle with outstretched wings on the top holding a banner containing the wording “POSTAL INSPECTOR” over a circular design containing the wording “UNITED STATES POSTAL INSPECTION SERVICE” and two five pointed stars on the outside of the design and a stylized head of an eagle inside of a five-pointed star design at the center of the design, and the acronym “U S” appearing with circular design in the middle. The wording “FEDERAL AGENT” appears inside a banner below the circular design. The wording “EST. 1775” separated by a horse and rider design appears at the bottom of the design.
How to respond. Click to file a response to this nonfinal Office action.
If the applicant has any questions or needs assistance with the present application, please telephone the assigned examining attorney.
/Jeffery C. Coward/
Trademark Examining Attorney
Law Office 106
Phone: (571) 272-9148
E-mail: jeffery.coward@uspto.gov
RESPONSE GUIDANCE