To: | Flower Boy Trademarks, LLC (Apolzon-Docket@fzlz.com) |
Subject: | U.S. Trademark Application Serial No. 97042384 - GOLF LE FLEUR - FBTM 2111059 |
Sent: | November 16, 2021 03:35:56 PM |
Sent As: | ecom113@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 97042384
Mark: GOLF LE FLEUR
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Correspondence Address: |
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Applicant: Flower Boy Trademarks, LLC
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Reference/Docket No. FBTM 2111059
Correspondence Email Address: |
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PRIORITY ACTION
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: November 16, 2021
USPTO database searched; no conflicting marks found. 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.
Applicant must address issues shown below. On November 15, 2021, the examining attorney and Lawrence E. Apolzon, Esq., discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
Summary of Issues Applicant Must Address
Requirement for Disclaimer
The applicant has applied to register the mark GOLF LE FLEUR in standard character form for:
Small accessories including claw clips for hair; clothing accessories including brooches for clothing, charms for attachment to zipper pulls, shoe laces, belt buckles, ornamental cloth patches, and clothing buttons, in Class 26.
The term “golf” refers to “A game played on a large outdoor course with a series of 9 or 18 holes spaced far apart, the object being to propel a small, hard ball with the use of various clubs into each hole with as few strokes as possible.” The American Heritage® Dictionary of the English Language (5th ed. 2020), http://www.ahdictionary.com/word/search.html?q=golf.
The applicant’s goods are clothing accessories that either may be intended for use while playing golf, or that may feature golf designs. Thus, purchasers who encounter GOLF on the identified goods would immediately understand that applicant’s goods feature these characteristics, and thus the term GOLF must therefore be disclaimed.
The applicant has provided similar disclaimers in its prior registrations and published application, see attached, for clothing and other goods and services.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “GOLF” 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.
Requirement for Translation
Based on the statements in the applicant’s prior registrations and published application, the following English translation is suggested:
The English translation of “LE FLEUR” in the mark is “THE FLOWER”.
TMEP §809.03. The applicant is also referred to the attached translation evidence.
Requirement for Acceptable Identification of Goods
Applicant’s goods are identified as:
Small accessories including claw clips for hair; clothing accessories including brooches for clothing, charms for attachment to zipper pulls, shoe laces, belt buckles, ornamental cloth patches, and clothing buttons, in Class 26.
The suggested amendments below replaces this term with “namely.”
To summarize, applicant may adopt any or all of the following identifications of goods, if accurate:
Small accessories, namely, claw clips for hair; clothing accessories, namely, brooches for clothing, charms for attachment to zipper pulls, shoe laces, belt buckles, ornamental cloth patches, and clothing buttons, in Class 26.
See TMEP §1402.01.
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.
/Kim Teresa Moninghoff/
Examining Attorney
Law Office 113
Phone: 571-272-4738
Email: kim.moninghoff@uspto.gov
RESPONSE GUIDANCE