To: | Publishers Clearing House LLC (trademarks@morganlewis.com) |
Subject: | U.S. Trademark Application Serial No. 90853851 - SMART HOME ESSENTIALS FOR LIVING - N/A |
Sent: | December 15, 2021 10:21:32 AM |
Sent As: | ecom117@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. 90853851
Mark: SMART HOME ESSENTIALS FOR LIVING
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Correspondence Address: |
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Applicant: Publishers Clearing House 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: December 15, 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(a), 2.65(a); TMEP §§711, 718.03.
SUMMARY OF ISSUES applicant must address:
SEARCH OF USPTO DATABASE OF MARKS
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.
The attached dictionary evidence shows that the term “HOME” is defined as “[a] place where one lives; a residence.” Applicant’s goods—shower curtains and bed blankets—are for use in the home. Thus, the wording merely describes a quality, characteristic, function, feature, purpose, or use of applicant’s goods.
The trademark examining attorney notes that applicant has disclaimed the term “HOME” in its prior trademark registrations—U.S. Reg. Nos. 4932804 and 4932805—for the identical mark and similar goods, expressly conceding that the term is merely descriptive.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “HOME” 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.
EXAMINER’S AMENDMENT SUGGESTED
How to respond. Click to file a response to this nonfinal Office action.
/Eric Sable/
Trademark Examining Attorney
Law Office 117
571-272-4653
Eric.Sable@uspto.gov
RESPONSE GUIDANCE