Tea Rex, a start-up company founded in 2019, plans to manufacture and sell flying cars in Silicon Beach and create an app that matches individuals with nearby flying car drivers available for hire. It desires to use the wordmarks "Silicon Beach Pterodactyl Flyers" for the flying cars and "Bird" for the app. The flying cars will have unique, curved wings that maximize lift and ensure a smooth ride.

Tea Rex also plans to create a driver certification program called "Dino-mite Cert-a-Saurus." Flying car drivers, including those who work for Tea Rex's own chauffeur service, can become certified as "Dino-mite Cert-a-Saurus" drivers by flying more than 10,000 hours, completing 15 water landings, and complying with six additional standards established solely by a third-party unaffiliated with and not controlled by Tea Rex.

Tea Rex's trademark clearance search revealed that "Bird" is a registered wordmark (Registration No. 5493945), and the mark was first in use and first used in commerce on August 31, 2017. The wordmark is in connection with the "[r]ental of motorized scooters, electronic vehicles, mopeds, motorized bicycles, and motor-driven cycles." Further research reveals that the scooters can be rented through the "Bird - Be Free, Enjoy the Ride" app.

The clearance search also revealed a pending trademark application (Serial No. 88785745) for "Dino-Mite" in connection with "cut fresh vegetables; sliced fresh vegetables; food kits composed of fresh-cut vegetables, sauces or seasonings, ready for cooking and assembly as a meal."

In February 2020, Tea Rex filed "intent to use" applications with the USPTO seeking registration of "Silicon Beach Pterodactyl Flyers," "Bird," "Dino-mite Cert- a Saurus," and the design of the flying cars because of the unique, curved wings. It seeks to register the "Bird" mark in part to benefit from the popularity of the Bird scooters.

Assume you are assisting a USPTO examining trademark attorney in drafting an "Office Action" in regard to each "intent to use" application. The attorney has asked you for your concise thoughts on:

1. whether Tea Rex's "Silicon Beach Pterodactyl Flyers," and "Bird" wordmarks are fanciful, arbitrary, suggestive, descriptive, primarily geographically descriptive, generic, or some combination thereof and why, and what your determination means in terms of distinctiveness and having to show secondary meaning;

2. whether the flying cars with their unique, curved wing shape is protectable trade dress and why;

3. whether any components of the "Silicon Beach Pterodactyl Flyers" word mark should be disclaimed and why;

4. whether the "Silicon Beach Pterodactyl Flyers" mark should register on Principal Register or Supplemental Register and why;

5. any potential issues that exist with the registration of the "Dino-mite Cert-a- Saurus" mark, including in light of the results of the clearance search, and why; and

6. whether the "Bird" scooter company has priority and is likely to succeed under the Sleekcraft factors in opposing registration of Tea Rex's "Bird" wordmark on the likelihood of confusion grounds and why.

*Your answers should be direct and concise while sufficiently detailed to explain your reasoning and the rationale for any trademark law principles you rely on, such as in the following example: "2. The flying cars with their unique, curved wing shape [is or is not] protectable trade dress because [discuss your reasons in one or more sentences]. Trademark law [does or does not] protect this type of trade dress because [discuss trademark rationale for why the purported trade dress is protectable or not]."

You may consult any written sources you like, including Examples & Explanations and the Trademark Manual of Examining Procedure (TMEP), which is available at temp.uspto.gov