mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods and/or services.
IGITAL is defined as, “representing data as numbers; processing, storing, transmitting, representing, or displaying data in the form of numerical digits, as in a digital computer; done with fingers: using or operated by a finger or fingers.” CORDLESS is defined as, “not needing electricity from a wall outlet: powered by an internal battery and not needing to be continuously attached by a cable to an external electricity supply;” and a TOOL is defined as, “a device for doing work: an object designed to do a specific kind of work such as cutting or chopping by directing manually applied force by means of a motor.” As previously stated, the applicant’s goods are, “cordless power tools, namely, screwdrivers, drill-drivers, hammer drill-drivers, multi-impact drill-drivers, impact drivers, impact wrenches, rotary hammers, circular saws, reciprocating saws, and jig saws; kits containing combinations of cordless power tools, namely, drills, hammer drills, circular saws, reciprocating saws, jig saws and flashlights.” In other words, the applicant’s goods are CORDLESS TOOLS that also are operated using one’s fingers and display the pertinent information in the form of numerical digits (DIGITAL).
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ESPONSEIS REQUIRED: You should carefully review the Office action to determine (1) how to respond; and (2) the applicable response time period.