throbber
To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Leger, Broch (pphatco@yahoo.com)
`
`U.S. TRADEMARK APPLICATION NO. 88066308 - PPHATCO - N/A
`
`11/29/2018 6:18:50 PM
`
`ECOM103@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`Attachment - 8
`Attachment - 9
`Attachment - 10
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION
`SERIAL NO.   88066308
`
`           
`
`MARK: PPHATCO
`
`CORRESPONDENT
`ADDRESS:
`  
`       LEGER, BROCH
`  
`       249 WILLIE
`YOUNG RD.
`         EUNICE, LA 70535
`
`              
`    
`
`   
`APPLICANT: Leger,
`Broch
`
`*88066308*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`   
`
`NO:       
`
`  N/A
`CORRESPONDENT E-
`
`MAIL ADDRESS:       
`
`pphatco@yahoo.com
`
`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.   A RESPONSE
`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
`
`ISSUE/MAILING DATE: 11/29/2018
`
`TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
`REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online
`using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office
`









`

`

`actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3)
`agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b);
`TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125
`per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS
`Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring
`
`this additional fee.   
`
`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.
`
`Search Results
`
`The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that
`would bar registration under Trademark Act Section 2(d).  TMEP §704.02; see 15 U.S.C. §1052(d).
`
`SUMMARY OF ISSUES:
`
`Section 2(b) Refusal – Mark Contains Simulation of the Flag of the United States
`Identification of Goods Indefinite
`
`Section 2(b) Refusal – Mark Contains Simulation of the Flag of the United States
`
`Registration is refused because the applied-for mark includes a simulation of the flag of the United States.  Trademark Act Section 2(b), 15
`U.S.C. §1052(b); see TMEP §1204.  Trademark Act Section 2(b) bars registration of marks that include simulations of the flag, coat of arms, or
`other insignia of the United States, any state or municipality of the United States, or any foreign nation.  TMEP §§1204, 1204.01(a).
`
`  A
`
` simulation refers to “something that gives the appearance or effect or has the characteristics of an original item.”   In re Family Emergency
`Room LLC, 121 USPQ2d 1886, 1887 (TTAB 2017) (quoting In re Advance Indus. Sec., Inc., 194 USPQ 344, 346 (TTAB 1977)); TMEP §1204. 
`Whether the relevant matter in the mark is a simulation is determined by a visual comparison of the mark and the actual flag, coat of arms, or
`other insignia in question.  See In re Family Emergency Room LLC, 121 USPQ2d at 1887 (citing In re Advance Indus. Sec., Inc., 194 USPQ at
`
`346); TMEP §1204.  
`
`When comparing the mark and the actual flag, coat of arms, or other insignia, the focus is on the relevant purchasers’ general recollection of the
`flag, coat of arms, or other insignia, “without a careful analysis and side-by-side comparison.”   In re Family Emergency Room LLC, 121
`USPQ2d at 1888 (quoting In re Advance Indus. Sec., Inc., 194 USPQ at 346).  The public should be considered to retain only a general or overall,
`rather than specific, recollection of the various elements or characteristics of design marks.  See In re Advance Indus. Sec., Inc., 194 USPQ at
`
`346.  
`
`The following factors are considered when determining whether a design in a mark would be perceived as a flag, coat of arms, or other insignia
`
`of the United States, any state or municipality of the United States, or any foreign nation:  
`
`(1)              
`
`(2)              
`
`(3)              
`
`The colors, if any, that appear in the design;
`
`The presentation of the mark, such as any stylization of the design and its relationship to other elements in the mark;
`
`The presence of any words or other designs on the drawing; and
`
`(4)       
`
`The use of the mark on the specimen(s), if one is provided, or in the record.  
`TMEP §1204.01(a) (citing In re Family Emergency Room LLC, 121 USPQ2d at 1888).  
`
`The attached evidence from https://www.britannica.com/topic/flag-of-the-United-States-of-America shows an actual flag from the United States. 
`
`The applied-for mark includes the following matter:  a flag of the United States.  
`
`The public would perceive the design in the mark as the flag of the United States because the flag clearly appears prominently in the drawing and
`applicant refers to flag as the “American flag” in the mark description.
`
`Therefore, registration is refused because the applied-for mark includes a simulation of the flag of the United States.  Trademark Act Section 2(b)
`










`

`

`Trademark Act Section 2(b) is an absolute bar to registration on the Principal and Supplemental Registers.  Trademark Act Sections 2(b) and
`23(a), (c), 15 U.S.C. §§1052(b), 1091(a), (c); see TMEP §§1204, 1204.04(a).
`
`Identification of Goods Indefinite
`
`The identification of goods is indefinite and must be clarified for the reasons set forth below.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  
`
`The wording “clothing” is unacceptable as indefinite. Applicant must specify the articles of clothing (e.g. clothing, namely, ________ {specify
`clothing, e.g. shirts, pants, etc.}).
`
`Suggested Identifications
`
`Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as
`acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language
`or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods
`and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope
`of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the
`wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope,
`and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).
`
`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.
`
`Applicant may adopt the following identification, if acceptable:
`
`Class 25
`
`Clothing, namely, ________ {specify clothing, e.g. shirts, pants}, headwear
`
`Assistance
`
`If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.
`
`/Daniel Stringer/
`Trademark Examining Attorney
`Law Office 103
`571.272.8975
`daniel.stringer@uspto.gov
`
`TO RESPOND TO THIS LETTER:   Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp.   Please wait 48-72 hours from the
`issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. 
`For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned
`trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to
`this Office action by e-mail.
`
`All informal e-mail communications relevant to this application will be placed in the official application record.
`
`WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an
`applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the
`
`response.  
`
`PERIODICALLY CHECK THE STATUS OF THE APPLICATION:   To ensure that applicant does not miss crucial deadlines or official
`notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at
`http://tsdr.uspto.gov/.   Please keep a copy of the TSDR status screen.   If the status shows no change for more than six months, contact the
`Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.   For more information on checking
`status, see http://www.uspto.gov/trademarks/process/status/.
`
`TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.
`
















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`national flag conslsung of while Mars (50 since JuIy 4, 1960) on a blue camon with a fieId of 13 anernaung suipes‘ 7 red and 6 wmte The 50 stars s|and for the 50 slates of the union, and the 13 stripes slam! fol
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`Knight v Board of Regents of the
`University of the State of New York
`' Great 599' Ollhe Uliiled Slates
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`' geixoi‘TaE§::flioam “f
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`nltps #www bntennice onm/tDDic/flaurolrtnerUmtedrElement/America
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`the original 13 states The flags widlhrtarlenglh ratio !5 10 to 19,
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`Afterthe American Revolution began, the first, unofficial national flag—known as the Continental Colours (or, sometimes, as the Grand Union Flag, the Cambridge Flag, the Somerville Flag,
`
`or the Union FIag)—was hoisted on a towering TEE-toot (ZS-metre) liberty pole at Prospect Hill in Charlestown (now in Somewilie), Massachusetts, on January 1, 1776; itwas raised at the
`behest ol Gen, George Washington, whose headquarters were nearby, The flag had 13 horizontal stripes (probably of red and while or of red, white, and blue) and, in the canton, the first
`version at the British Union Flag (Union Jack). As the flag at the Continental Army, it flew at forts and on naval vessels. Another popular eafly flag, that ofthe 1765 Sons of Liberty, had only
`nine red and white stripes. Various versions of “Don‘t Tread on Me' coiled-rattlesnake flags appeared on many 18th-century American colonial banners. including several flown by military
`units during the Revolutionary War. The version carried by the Minutemen of Culpeper County, Virginia, for example, included not only the rattlesnake and the "Don’t Tread on Me" motto but
`also Virginia patriot Patrick Henm‘s lamous words 'Liberty or Death.‘
`
`VAL
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`Flag at New Zealand
`Flag of Italy
`Flag 01 Mexico
`Flag of the United Kingdom
`
`The first ofiicial national flag. formally appmved by the Continental Congress on June 14. 1777. was the Stars and Stripes. That first Flag Resolution read. in toto. “Resolved. that the flag of
`the United States be thirteen stripes. alternate red and white; that the union be thirteen stars. white in a blue field representing a new constellation." The layout ofthe stars was teft
`undefined. and many patterns were used by flag makers. The designer ofthe flag—most likely Congressman Francis Hopkinson. a signer ofthe Declaration of lndegendence from
`Philadelphia—may have had a ring of stars in mind to symbolize the new constellation. Today that pattern is popularly known as the “Betsy Ross fig." although the widely circulated story
`that she made the first Stars and Stripes and came up with the ring pattern is unsubstantiated. Rows of stars (4—5-4 or 3-2—3—2—3) were common. but many other variations also existed. The
`new Stars and Stripes formed part ofthe military colours carried on September 11. 1777. at the Battte ofthe Brandywine. perhaps its first such use.
`
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`
`The Stars and Stripes changed on May 1. 1795, when Congress enacted the second Flag Resolution. which mandated that new stars and stripes be added to the flag when new states were
`admitted to the Union. The first two new states were Vermont (1791) and Kentucky (1792). (One such flag was the 1.260—square-foot [1 17-square-metre] ”star-Spangled Banner." made by
`Mary Pickersgill. that Fiancis Scott Key saw at Fort McHenry in September 1814. which inspiled him to write the patriotic poem that later supplied the tyrics of the national anthem.) In 1818.
`alter five more states had been admitted. Congress enacted the third and last Flag Resolution. requiring that henceforth the number of stripes should remain 13. the number of stars should
`
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`FEATUREDON BRITANNICA
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`Behind the Scenes: 7 Histoiical
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` always match the number at states. and any new star should be added on the July 4 following a state's admission. This has been the system ever since. In all. from 1777 to 1960 (after the
`admission of Hawaii in 1959). there were 27 versions of the flag—25 involving changes in the stars only. An executive order signed by Pres. William Howard Tafl on October 29. 1912.
`standardized for the first time the pmportions and relative sizes of the elements of the flag; in 1934 the exact shades of colour were standardized.
`
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`BRITANNICA LISTS ll QUlZZES
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`—
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`SPORTS s RECREATION
`QUIZ
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`There is no official assignment 0' meaning or symbolism tothe colours oftheflag. However, Charles Thomson. secretary ofthe Continental Congress, in describing the proposed Great Seal M HISTORYLIST
`of the United States. suggested the tollowing symbolism: 'White signifies purity and innocence, Red. hardiness & valour. and Blue...signifies vigilence [sic]. perseverence [sic] 8. justice." As
`; weap‘)“ “WM" W3"
`With many other national flags, the Stars and Stripes has long been a focus of patriotic sentiment. Since 1892. millions of children have recited the Pledge of Allegiance to the Flag at the
`start of each school day. and the lyrics ot the national anthem are also concerned with the flag. Afler the US. Supreme Court ruled in 1989 that all flag desecration laws were
`unconstitutional. some veteians‘ and patriotic groups pressuied legislators to adopt laws or a constitutional amendment prohibiting flag desecration. Such legislation has been opposed on
`the grounds that it would intringe on the constitutionally guaianteed First Amendment freedom of expression.
`
`During the American Civil War. the Confederate States of America began to use its first flag. the Stars and Bars. on March 5. 1661. Soon after. the first Confederate Battle Flag was also
`flown. The design of the Stars and Bars varied over the following two years. On May 1, 1563, the Confederacy adopted its first official national flag, often called the Stainless Banner. A
`modification of that design was adopted on March 4. 1865. about a month before the end of the war. In the latter part of the ZOth century. many groups in the South challenged the practice
`of flying the Confederate Battle Flag on public buildings. including some state capitols. Proponents ofthe tradition argued that the flag recalled Southern heritage and wartime sacrifice.
`whereas opponents saw it as a symbol of racism and slavery. inappmpriate tor official display.
`
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`Conledemle Banle Flag
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`
`LEARN MORE in these related Britannica articles:
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`Easy Ross
`,,,nl:t only made lhe first Slars and Slnpes at George Washinglnn's behest hul alsn helped design II Canny based hIS paper on sinneslhal he had heald horn family members, along wiln his awn
`— rnemnries ofhis gmndmolher's lales of her involvemenl in making flags,,,
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`Despne llS similarity to me U.S. flag, n0 change has been made In lhe leenan flag ll'l me subsequent century and a halt, although several people have made suggeslions for designs more In
`E nag DfLiberia
`— keeping wnll mose ufomer Atncan uounlnes—
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`...Inal lhe huming at me U.S. flag was a cunslilullunally plotected fulm pl speech under me U.S. Cunstlluucln‘s Firs] Amendment. ..
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`Flag Day
`,, a day honouring lhe national llag, observed on June 14, The holiday cmnnrenrorales lhe dale In 1777 when lhe Uniled Slales appmved lhe design [or ils lirsl nahunal flag,,,
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`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Leger, Broch (pphatco@yahoo.com)
`
`U.S. TRADEMARK APPLICATION NO. 88066308 - PPHATCO - N/A
`
`11/29/2018 6:18:53 PM
`
`ECOM103@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`ON 11/29/2018 FOR U.S. APPLICATION SERIAL NO. 88066308
`
`Your trademark application has been reviewed.  The trademark examining attorney assigned by the USPTO to your application has written an
`official letter to which you must respond.  Please follow these steps:
`
`(1)  READ THE LETTER by clicking on this link or going to http://tsdr.uspto.gov/, entering your U.S. application serial number, and clicking
`on “Documents.”
`
`The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24
`
`hours of this e-mail notification.  
`
`(2)  RESPOND WITHIN 6 MONTHS (or sooner if specified in the Office action), calculated from 11/29/2018, using the Trademark Electronic
`Application System (TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.jsp.  A response transmitted through
`TEAS must be received before midnight Eastern Time of the last day of the response period.
`
`Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as
`
`responses to Office actions.  
`
`(3)  QUESTIONS about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your
`
`application, identified below.  
`
`/Daniel Stringer/
`Trademark Examining Attorney
`Law Office 103
`571.272.8975
`daniel.stringer@uspto.gov
`
`WARNING
`
`Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For
`
`more information regarding abandonment, see http://www.uspto.gov/trademarks/basics/abandon.jsp.  
`
`PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are
`using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that
`closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay
`
`“fees.”   
`
`Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document
`from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States
`

`  







`

`

`Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”   For more information on how to handle
`private company solicitations, see http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
`
`  
`

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