To: | FinalMouse LLC (trademark@beneschlaw.com) |
Subject: | U.S. Trademark Application Serial No. 97183932 - CENTERPIECE - 49410-00034 |
Sent: | July 22, 2022 06:22:32 AM |
Sent As: | ecom114@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 97183932
Mark: CENTERPIECE
|
|
Correspondence Address: |
|
Applicant: FinalMouse LLC
|
|
Reference/Docket No. 49410-00034
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: July 22, 2022
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.
The requirement(s) apply to all of the goods and/or services listed in the application, unless otherwise stated.
SEARCH OF USPTO DATABASE OF MARKS
The trademark examining attorney has searched the USPTO database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
• Information.
INFORMATION ABOUT GOODS REQUIRED
Applicant has a duty to respond directly and completely to this requirement for information. See In re Ocean Tech., Inc., 2019 USPQ2d 450686, at *2 (TTAB 2019) (citing In re AOP LLC, 107 USPQ2d 1644, 1651 (TTAB 2013)); TMEP §814. Failure to comply with a requirement for information is an independent ground for refusing registration. In re SICPA Holding SA, 2021 USPQ2d 613, at *6 (TTAB 2021) (citing In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI P’ship LLP, 67 USPQ2d 1699, 1701-02 (TTAB 2003); TMEP §814).
Merely stating that information about the goods is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
If applicant submits webpage evidence to satisfy this requirement, applicant must provide (1) an image of the webpage, (2) the date it was accessed or printed, and (3) the complete URL address. In re ADCO Indus.-Techs., L.P., 2020 USPQ2d 53786, at *2 (TTAB 2020) (citing In re I-Coat Co., 126 USPQ2d 1730, 1733 (TTAB 2018)); TMEP §710.01(b). Providing only a website address or hyperlink to the webpage is not sufficient to make the materials of record. In re ADCO Indus.-Techs., L.P., 2020 USPQ2d 53786, at *2 (citing In re Olin Corp., 124 USPQ2d 1327, 1331 n.15 (TTAB 2017); In re HSB Solomon Assocs., LLC, 102 USPQ2d 1269, 1274 (TTAB 2012); TBMP §1208.03); TMEP §814.
The applicant must directly and completely answer the following question(s) and/or provide the information requested:
1. Does CENTERPIECE have any significance as applied to the goods other than trademark significance?
2. Does CENTERPIECE have any significance in the relevant trade or industry other than trademark significance?
3. If available, the applicant will provide a website address at which the applicant’s goods are offered and/or the applicant’s proposed mark is used. If no website is available, then the applicant will state this fact for the record.
4. To permit proper examination of the application, applicant must submit additional product information about applicant’s goods because the nature of such goods is not clear from the present record. See 37 C.F.R. §2.61(b); TMEP §814. The required product information should include fact sheets, instruction manuals, advertisements and promotional materials, and/or a photograph of the identified goods. If these materials are unavailable, applicant should submit similar documentation for goods of the same type, explaining how its own product will differ. Applicant must also describe in detail the nature, purpose, and channels of trade of the goods.
Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade.
QUESTIONS ABOUT THIS ACTION
If the applicant has technical questions about the TEAS response to Office action form, the applicant may send technical questions to the TEAS Support Team at TEAS@uspto.gov via e-mail. Please include your name, telephone number, serial number and/or registration number, a description of the issue, including the name of the TEAS form you are having problems with (e.g., “Response to Office Action Form,” “Request for Extension of Time to File a Statement of Use,” etc.), and a screen shot of any error message that you are receiving. You should receive a response within two (2) hours if the e-mail message is submitted during normal business hours.
For status inquiries or copies of documents, an applicant may check the status of or view documents filed in an application or registration using the Trademark Status and Document Retrieval (TSDR) system twenty-four (24) hours a day, seven (7) days a week. Enter the application serial number or registration number and click on “Status” or “Documents.” Do not attempt to check status until approximately four to five (4-5) days after submission of a filing, to allow sufficient time for all USPTO databases to be updated. For help in resolving technical glitches, please email TSDR@uspto.gov.
For all other non-legal matters, including petitions to revive or reinstate an application, please contact the Trademark Assistance Center (TAC). TAC may be reached by e-mail at TrademarkAssistanceCenter@uspto.gov or by telephone at (800) 786-9199. For non-technical matters, TAC is open from 8:30 a.m. to 8:00 p.m. Eastern Standard Time (EST), Monday through Friday, except on federal government holidays. A list of federal government holidays is available at the following website: http://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/.
If applicant has questions regarding the legal issues in this Office action, please call the assigned trademark examining attorney.
How to respond. Click to file a response to this nonfinal Office action.
/Brian Pino/
Examining Attorney
Law Office 114
571.272.9209 Telephone
Brian.Pino2@uspto.gov
RESPONSE GUIDANCE