TTAB Affirms Refusal For Failure To Comply With Rule 2.61 Information Request

The Board affirmed a refusal to register the mark GAUGEWEAR, in standard character form, for biometric data measurement devices (class 9) and various clothing items (class 25), because applicant failed to comply with the Examining Attorney Anne M. Farrell's request for information under Rule 2.61. Applicant provided a link to its website and identified a relevant utility patent, but that was not sufficient. In re gaugewear, Inc., Serial No. 86569473 (August 21, 2017) [not precedential] (Opinion by Judge Peter W. Cataldo).

The examining attorney requested product information in the nature of fact sheets, instruction manuals, advertisements, and other documentation regarding the goods, in order to "make clear how the goods operate, their salient features, and their prospective customers and channels of trade." Applicant referred the examining attorney to its website and suggested that she peruse a certain utility patent, a copy of which was not provided.