The USPTO is refusing the SeaSearcher application
Post# of 7795
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Posted On: 08/27/2019 1:10:24 PM
The USPTO is refusing the SeaSearcher application including the specimen.
Here are some excerpts from the refusal below.They have 6 months to respond, which should include actual pictures of the underwater vehicle being used in commerce.
Can they get her built and resubmitted by February or will they need to file extension after extension?
We'll see.
Applicant must address issues shown below. On August 26, 2019, the examining attorney and Kyle Kennedy 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.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Registration is refused because the applied-for mark merely describes a quality, characteristic or feature of applicant’s goods. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
Standard of Analysis for Section 2(e)(1) Refusal
A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods and/or services.
In relation to applicant’s goods, the term “SEARCHER” is merely descriptive because applicant’s vehicles are used for underwater searching. Specifically, applicant’s specimen indicates that the applicant’s goods are used for “deep-search detection of artifacts”. Therefore, the wording “SEARCHER” is description of the applicant’s goods.
SPECIMEN REFUSAL
Registration is refused because the specimen in International Class 12 appears to be mere advertising material and thus the specimen fails to show the applied-for mark in use in commerce.
Advertising materials are generally not acceptable as specimens to show use in commerce for goods.
An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of goods identified in the application. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Not sure if this link will time out or not.
http://tsdr.uspto.gov/documentviewer?caseId=s...amp;page=1
Here are some excerpts from the refusal below.They have 6 months to respond, which should include actual pictures of the underwater vehicle being used in commerce.
Can they get her built and resubmitted by February or will they need to file extension after extension?
We'll see.
Applicant must address issues shown below. On August 26, 2019, the examining attorney and Kyle Kennedy 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.
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Registration is refused because the applied-for mark merely describes a quality, characteristic or feature of applicant’s goods. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
Standard of Analysis for Section 2(e)(1) Refusal
A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods and/or services.
In relation to applicant’s goods, the term “SEARCHER” is merely descriptive because applicant’s vehicles are used for underwater searching. Specifically, applicant’s specimen indicates that the applicant’s goods are used for “deep-search detection of artifacts”. Therefore, the wording “SEARCHER” is description of the applicant’s goods.
SPECIMEN REFUSAL
Registration is refused because the specimen in International Class 12 appears to be mere advertising material and thus the specimen fails to show the applied-for mark in use in commerce.
Advertising materials are generally not acceptable as specimens to show use in commerce for goods.
An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of goods identified in the application. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Not sure if this link will time out or not.
http://tsdr.uspto.gov/documentviewer?caseId=s...amp;page=1
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