I have this trademark pending – I am selling my merchandise with my logo Bonsai Sheroes on backpacks, sticker, tee shirts, music etc online and in retail stores. I want to trademark the name Bonsai Sheroes.
The attorney at the office trademark told me that:
Specimen – Failure to Function - Ornamental
Registration was refused because the applied-for mark, as used on the initial specimen of record, was merely a decorative or ornamental feature of the goods; it does not function as a trademark to identify and distinguish applicant’s goods from those of others and to indicate the source of applicant’s goods.
The attorney said that I needed to submit the statement that I “Advance the application to seek registration on the supplemental register.”
Is this correct and am I stating it correctly?