Approved Stamp - Small @100 x 100December 23, 2014

Today the U.S. Patent and Trademark Office (“USPTO”) accepted The Trademark Company’s argument in support of registration of The Living Well Corporation’s (“LWC”) trademark application for HELMET HEATER (U.S. Ser. No. 85957415) approving the trademark for publication and registration on the Principal Register for the USPTO.

By way of history, LWC applied to register the trademark on June 12, 2013 for use in connection with electric space heaters.  On September 23, 2013 the USPTO refused registration of the application under Section 2(e)(1) of the Trademark Act arguing that the trademark was merely descriptive of the services with which it is intended to be used.

Following the refusal, LWC authorized The Trademark Company to present arguments in support of registration of the trademark application.  As stated above, the USPTO recently accepted The Trademark Company’s argument and the trademark is now pending registration before the USPTO.

If you have any questions about this matter or any other application pending before the USPTO Contact Us.  If you would like to learn more about our Office Action Response Packages and Appeals Click Here.

Required Ethics Disclaimer: As always, case results depend upon a variety of factors unique to each case.  As such, this case result does not guarantee or predict a similar result in any future case.