I am not a lawyer so I can't make a good judgment. From USPTO on Sands application to trademark COTAI STRIP . FYI
OFFICE ACTION
TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 9/26/2007
The Office has reassigned this application to the undersigned trademark examining attorney.
This is in response to applicantโs correspondence of February 21, 2007 regarding the trademark application identified above. In office action number 2, the examining attorney:
(1) Required applicant to disclaim the word STRIP, and
(2) Required applicant to pay additional fees to account for unpaid classes of goods or services.
In its response
(1) Applicant provided arguments and evidence against the disclaimer requirement. The examining attorney has considered this issue and is hereby withdrawing this requirement.
(2) Applicant paid the necessary fees for all remaining classes of goods and services. Accordingly, this requirement is no longer outstanding.
However on reconsideration of the issues, the examining attorney has determined that the geographically descriptiveness refusal previously withdrawn was done so prematurely. Accordingly, applicant must respond to the following refusal, which is treated as a new refusal as to all goods and services identified in the application.
Registration Refused โ Geographically Descriptive
Registration is refused because the proposed mark is primarily geographically descriptive of the origin of applicantโs goods and services. Trademark Act Section 2(e)(2), 15 U.S.C. ยง1052(e)(2); TMEP ยงยง1210.01(a) and 1210.04 et seq.
A three-part test is applied to determine whether a mark is primarily geographically descriptive of the goods and/or services within the meaning of Trademark Act Section 2(e)(2):
(1) the primary significance of the mark is a generally known geographic place or location;
(2) purchasers would be likely to make a goods-place or services-place association, i.e., purchasers are likely to believe the goods or services originate in the geographic location identified in the mark; and
(3) the goods and/or services originate in the place identified in the mark.
See In re MCO Properties, Inc., 38 USPQ2d 1154 (TTAB 1995); In re California Pizza Kitchen, 10 USPQ2d 1704 (TTAB 1989); TMEP ยง1210.01(a).
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