To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Master 451 LLC (bparker627@yahoo.com)
`
`U.S. TRADEMARK APPLICATION NO. 88154178 - MASTER 451 FOAM - N/A
`
`1/25/2019 9:49:56 AM
`
`ECOM117@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`Attachment - 4
`Attachment - 5
`Attachment - 6
`Attachment - 7
`Attachment - 8
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION
`SERIAL NO.   88154178
`
`           
`
`MARK: MASTER 451
`FOAM
`
`*88154178*
`
`CORRESPONDENT
`ADDRESS:
`  
`       BARRY L PARKER
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`
`  
`
`       MASTER 451 LLC
`
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`         3944 N VINEWOOD
`AVE
`
`           INDIANAPOLIS, IN
`46254
`
`    
`
`   
`
`APPLICANT: Master
`451 LLC
`
`    
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`   
`
`NO:       
`MAIL ADDRESS:       
`
`  N/A
`
`CORRESPONDENT E-
`
`bparker627@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: 1/25/2019
`
`    
`
`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 OF OFFICE’S DATABASE OF MARKS
`
`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:
`Refusal to register – insignia of the United States
`Disclaimer required
`Amendment of description of mark
`
`SECTION 2(b) REFUSAL – INSIGNIA OF THE UNITED STATES
`
`Registration is refused because the applied-for mark includes 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 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.
`
`The attached evidence from the Encyclopedia Britannica shows the flag of the United States.  The applied-for mark includes this particular
`
`designation.  Thus, the applied-for mark includes the actual flag of the United States, in violation of 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).
`
`Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support
`of registration.
`
`If applicant responds to the refusal, applicant must also respond to the requirements set forth below.
`
`DISCLAIMER REQUIRED
`
`Applicant must disclaim the wording “FOAM” because it is not inherently distinctive.  This unregistrable term at best is merely descriptive of a
`quality or characteristic of applicant’s goods.  See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d
`
`1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).  
`
`The attached definition from the Oxford University Press Dictionary defines “foam” as “A lightweight form of rubber or plastic made by
`
`  
` 
` 
` 
` 
` 
` 
` 
` 
` 
` 
`

`

`solidifying liquid foam.”   See the attached definition 1.3.  Applicant’s goods are specifically identified as “Plastic foam used for arts and
`crafts.”
`
`A “disclaimer” is a statement in the application record that an applicant does not claim exclusive rights to an unregistrable component of the
`mark.  See Schwarzkopf v. John H. Breck, Inc., 340 F.2d 978, 979-80, 144 USPQ 433, 433 (C.C.P.A. 1965); TMEP §1213.  A disclaimer does
`not physically remove the disclaimed matter from the mark or otherwise affect the appearance of the mark.  See Schwarzkopf v. John H. Breck,
`Inc., 340 F.2d at 979, 144 USPQ2d at 433; TMEP §1213.
`
`Applicant may respond to this issue by submitting a disclaimer in the following format:  
`No claim is made to the exclusive right to use “FOAM” apart from the mark as shown.   
`
`For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the
`
`Disclaimer webpage.  
`
`DESCRIPTION OF MARK
`
`Applicant must submit an amended description of the mark because the current one is incomplete and does not describe all the significant aspects
`of the mark.  37 C.F.R. §2.37; see TMEP §§808.01, 808.02.  Descriptions must be accurate and identify all the literal and design elements in the
`
`mark.  See 37 C.F.R. §2.37; TMEP §§808 et seq.  
`
`The following description is suggested, if accurate:  The mark consists of a silhouette of a man holding an American flag superimposed over
`an incomplete circle design.  Beneath the design appears the wording “MASTER 451 FOAM.”
`
`RESPONSE GUIDELINES
`
`For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action.  For a refusal, applicant
`may provide written arguments and evidence against the refusal, and may have other response options if specified above.  For a requirement,
`applicant should set forth the changes or statements.  Please see “ Responding to Office Actions” and the informational video “Response to
`Office Action” for more information and tips on responding.
`
`HIRING OF ATTORNEY – ADVISORY
`
`Because of the legal technicalities and strict deadlines involved in the USPTO application process, applicant may wish to hire a private attorney
`specializing in trademark matters to represent applicant in this process and provide legal advice.  Although the undersigned trademark examining
`attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO
`
`attorney or staff is permitted to give an applicant legal advice or statements about an applicant’s legal rights.   TMEP §§705.02, 709.06.  
`
`For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help; an online directory
`of legal professionals, such as FindLaw®; or a local telephone directory.  The USPTO, however, may not assist an applicant in the selection of a
`private attorney.  37 C.F.R. §2.11.
`
`Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining
`attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with
`additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does
`not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. 
`
`See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  
`
`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.   
`
`/William D Jackson/
`
`Attorney Advisor - Trademarks
`
`U.S. Patent and Trademark Office
`
`Law Office 117
`
`(571) 272-3064
`
`William.Jackson@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.
`
` 
` 
` 
` 
` 
`  
`

`

`nttos //vwvw britannioa corn/tooic/iiaosoisthesUnitedsStatessoirArnenca
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`01/25/20i9 09 23 28 AM
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`ENCYCLOPEDIA BRITANNICA
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`the original 13 states The flags width-to-length ratio is 10 to 19
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`nfie 13 stripes stand for
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`After the 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 Flag)—was hoisted on a towering TB-loot (23—metre) liberty pole at Prospect Hill in Charles-town (now in Somewille), Massachusetts, on January 1. 1776; it was raised at the
`behest oi Gen. George Washington, whose headquarters were nearby. The flag had 13 horizontal stripes (probably of red and white or of red, white, and blue) and, in the canton, the first
`version of the British Union Flag (Union Jack). As the flag ofthe Continental Army, it new at torts and on naval vessels. Another popular early 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 coiontal banners. including several flown by military
`units during the Revolutionary War. The version carried by the Minutemen of Culpeper County, Wrginia, for example, included not only the ratttesnake and the “Don‘t Tread on Me" motto
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`httos //vwvw britannica corn/tooic/iladeoietheeUnitedeStateseoirArnenca
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`01/25/2019 09 23 28 AM
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`The first official national flag, formally approved 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 of the store was left
`undefined. and many patterns were used by flag makers. The designer of the flag—most likely Congressman Francis Hopkinson. a signer ofthe Declaration of Independence 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 Lag." 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 tanned part ofthe military colours carried on September 11. 1777. at the Battle 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 iirst two new states were Vermont (1791) and Kentucky (1792). (One such flag was the 1,260-square-foot[117-square-metre] “Star-Spangled Banner,"
`made by Mary Pickersgill, that Francis Scott Key saw at Fort McHenm in September 1814. which inspired him to wr'ite the patriotic poem that later supplied the lyrics ofthe national anthem.)
`In 1318, atter five more states had been admitted, Congless enacted the third and last Flag Resolution, requiring that henceforth the number of stripes should remain 13, the number of
`
`
`Ill
`1961] (alter the admission 01 Hawaii in 1959), there were 27 versic
`award Tafl on October
`stars should always match the number at states, and any new star chm Ilr‘l he added M the Inlv A fnllnwinn 2 state's admissinn Thir— has hen“ the “=th Maw In all. fi'om 1777 to
`29. 1912, standardized tor the first time the pmportions and Ielatit
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`SPORTS a RECREATION
`There is no oflicial assignment of meaning or symbolism to the colours of the flag. However. Chases Thomson, secretary of the Continental Congress. in describing the proposed Great
`Seal ot the United States, suggested the tollowing symbolism: ‘White signifies purity and innocence, Red, hardiness & valour. and Blue. . .signifies vigilence [sic]. perseverence [sic] 8.
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`Justice." As With many other national llags, the Stars and Stripes has long been a focus of patnotlc sentiment. Since 1852. millions of children have recited the Pied e of Alle lance to the “New" 093"
`Flag at the start of each school day. and the lyrics of the national anthem are also concerned with the tlag. After the U.S. Supreme Court ruled in 1989 that all flag desecration laws were
`. —.
`HlsTon LIST
`unconstitutional, some veterans‘ and patriotic groups pressured legistators to adopt laws or a constitutional amendment prohibiting flag desecration. Such legislation has been opposed on M‘1 Weapons nrwuno War l
`the grounds that it would infringe on the constitutionally guamnteed First Amendment freedom of expression.
`
`During the American Civil War, the Confederate States olAmerlca began to use its first flag, the Stars and Bars, on March 5. 1861. Soon after. the first Confederate Battle Flag was also
`flown. The design of the Stars and Bars varied overthe tollowing two years. On May 1. 1863, 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 ofthe 20th century. many groups in the South chalienged the practice
`of flying the Confederate Battle Flag on public buildings, including some state capitals. Proponents of the tradition argued that the flag recalled Southern heritage and wartime sacrifice.
`whereas opponents saw it as a symbol of racism and slavery. inappropriate for official display.
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`01/25/2019 09 23 28 AM
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`LEARN MORE in these relaled Britannica articles:
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`...nr1l only made are first Stars and Snipes 31 George Washinglun’s benesl hul also helped design ll. Cariby based his paper on elones Ilral he had heard lrom lamlly members, along wrlh his own
`memnnes of hls grandmother's tales of her Involvement In making flags,
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`Francis Hopkinson
`,,lhal he helped deslgnlhe American llag, are u 3, Congress however, turned down hrs petlliun fur paymenl, asserlirlg lhat olhers had also canlrlbuled lcr lhe design
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`flag D! Liberia
`Despite its similarity to me U S flag, no change has been made in me leerian flag ln me subsequenl century and a half, although several people have made suggeslions for designs more In
`keeprng wrlh lhose nfolher Arncan tounlrles,,
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`Imps //vwvw britannioa com/tooIc/flaniofitheiunitediStatesioflAmerica 01/25/2019 09 23 28 AM
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`Texas v. Johnson
`Jhal the huming Mthe us flag was a constitutionally piolected form n! spee
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`Flag Day
`...a day honouring me naiional flag, observed on June 14. The holiday commemorates the date in 1777 when me Unileii Slaves approved ihe design [or its firsi natianal nag...
`
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`MORE ABOUT Flag of ihe United States of America
`6 REFERENCES FOUND IN BRITANNICA ARTICLES
`Assorted References
`first use al Bnund Erouk
`(In Bound Eimak)
`Flag Day
`(In Flag Dy)
`flag ul Libelid
`(In flag of LlhElia)
`Texas it, .Jnhnson
`(In Texas v Johnson)
`cantrlbutlon 0f
`Hopkinsan
`(In Francis Hcgkmson)
`Ross
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`(In Beisy Ross)
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`ni‘ibs Hen oxforddiciionaries com/definition/usflfoam
`
`0i/25/2019 09 40 28 AM
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`Home ) Norm American English > loam
`Definition of foam In US English
`
`0°96)
`foam
`
`NOUN
`
`I) LIE TliE [in
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`II
`" HUME
`
`‘a beer with a thick head offoam'
`
`1 A mass ofsmall bubbles {armed on or in liquid, lypically by agilab'nn m fermenlatlbn,
`
`+ synunyms
`} Mme example senlences
`1.1 A mass of small bubbles formed from saliva or swwL
`Q ample senienues
`
`1.2 A thick preparation containing many small bubbles,
`‘shavmgcream (foam type) does a finejub on my beam’
`o Mare example sentences
`1.; A lightweight form of rubber or piaslic made by solidifying liquid foam,
`. Example sentences
`1 .4 (the foam) literary The sea.
`‘Venus rising fmm the fuam'
`
`The OED appeal for #HobbyWords:
`an update
`
`.h
`
`WORD
` DF IHE YEAR
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`
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`The Oxfmd Word oflhe Year 2018
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`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Master 451 LLC (bparker627@yahoo.com)
`
`U.S. TRADEMARK APPLICATION NO. 88154178 - MASTER 451 FOAM - N/A
`
`1/25/2019 9:49:59 AM
`
`ECOM117@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 1/25/2019 FOR U.S. APPLICATION SERIAL NO. 88154178
`
`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 1/25/2019, 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.  
`
`/William D Jackson/
`
`Attorney Advisor - Trademarks
`
`U.S. Patent and Trademark Office
`
`Law Office 117
`
`(571) 272-3064
`
`William.Jackson@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.
`
` 
`  
`