Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

NONFINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this Office action. 

 

 

Issue date:  November 25, 2022

 

International Registration No. 1648068

 

This letter is in response to the applicant’s communication dated October 26, 2022.  The requirements for an acceptable identification of goods and services is continued. 

 

 

IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is indefinite and must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may adopt the following identification, if accurate: 

 

Organization of exhibitions for commercial or advertising purposes; organization of commercial fairs; commercial event facilitation services namely, street marketing, for commercial purposes; rental of vending machines; on-line ordering services in the field of restaurant take-out and delivery; organization of fashion shows for promotional purposes; promotion of goods and services by means of sponsorship of sports events in International Class 35.

 

Transport of goods; Arranging of cruises; transport services for sightseeing tours; transport organization in the framework of sightseeing tours; passenger transport; chauffeur services; flower delivery; delivery of merchandise; replenishment of vending machines; rental of drones for photography; booking of seats for travel; (add semi-colon) Making reservations and bookings for transportation; travel reservations; providing information with respect to transport; Parking services, namely parking lot services and valet parking services; checkroom (nature of goods is unclear); delivery of newspapers; refrigerator rental in International Class 39.

 

Educational services, namely courses in the fields of business, finance, management, marketing, communication, public relations, personal development, environment, human resources, culinary skills, nutrition, digital data, building safety, personal protection, first-aid, business client and consumer engagement, business facilities management and sales; Training in the fields of cooking, nutrition, business, finance, management, marketing, communication, public relations, personal development, environment, human resources, digital data, building safety, personal protection, first-aid, business client and consumer engagement, business facilities management and sales; Organizing sporting and cultural activities; Organization of social entertainment events, namely, sport events, exhibitions for cultural purposes, dance performances, fashion shows, live shows, concerts, gaming, fireworks display; Party planning; Event facilitation services, namely, arranging private social entertainment events for others; event facilitation services, namely, arranging business social entertainment events for others (purpose is unclear – business purpose is IC 35 whereas social is IC 41); presentation of live performances; performance of music-hall shows; theater productions; entertainer services, namely modeling services, live show entertainer, sporting entertainer; Live show production; booking of seats for shows; Ticket agency services for entertainment events; Organization and conducting of training workshops in the fields of cooking, nutrition, business, finance, management, marketing, communication, public relations, personal development, environment, human resources, digital data, building safety, personal protection, first-aid, business client and consumer engagement, business facilities management and sales; Sports club services for physical exercise; Coaching in the fields of sport, personal development and business performance; organization of sports competitions; preparing and conducting sports events; Organization and conducting of colloquiums in the fields of business, finance, management, marketing, communication, public relations, personal development, environment, human resources, culinary skills, nutrition, digital data, building safety, personal protection, first-aid, business client and consumer engagement, business facilities management and sales; Organization and conducting of conferences in the fields of business, finance, management, marketing, communication, public relations, personal development, environment, human resources, culinary skills, nutrition, digital data, building safety, personal protection, first-aid, business client and consumer engagement, business facilities management and sales; Organization and conducting of congresses in the fields of business, finance, management, marketing, communication, public relations, personal development, environment, human resources, culinary skills, nutrition, digital data, building safety, personal protection, first-aid, business client and consumer engagement, business facilities management and sales; Organization and conducting of seminars in the fields of business, finance, management, marketing, communication, public relations, personal development, environment, human resources, culinary skills, nutrition, digital data, building safety, personal protection, first-aid, business client and consumer engagement, business facilities management and sales; Organization and conducting of symposiums in the fields of business, finance, management, marketing, communication, public relations, personal development, environment, human resources, culinary skills, nutrition, digital data, building safety, personal protection, first-aid, business client and consumer engagement, business facilities management and sales; organization of exhibitions for cultural purposes; organization of exhibitions for educational purposes; organization and conducting of concerts; orchestra services; Organization of sports competitions and culinary competitions; Conducting of guided tours by bus, car, bicycle, roller skates, plane, helicopter, boat, canoe and walking guided tours; Cultural, educational and entertainment services provided by art galleries, namely, exhibitions and workshop in art galleries for cultural, educational and entertainment purposes; organization of fashion shows for entertainment purposes; rental of audio equipment; rental of video cameras; videotaping; video editing services for events; rental of sports equipment except vehicles; Organization of costume events, namely, cosplay for entertainment; providing information with respect to entertainment; providing information with respect to education; sound engineering services for events; lighting technician services for events; providing recreational facilities, namely, (specify recreational activity, e.g., hunting, fishing, etc.); providing sports facilities; Entertainment services in the nature of escape games; organization of lotteries; Staging of shows in the nature of concerts, music-hall, plays, musicals, comedy shows, dramatical shows, circus shows, dance shows; photography services; photographic reporting in International Class 41.

 

Services for providing food and beverages, namely, restaurant services and food-trucks services; restaurant services; catering services; bar services; café services; cafeteria services; self-service restaurant services; snack bar services; Take-away food and beverages in the nature of restaurant services and food-trucks services; Home personal chef services; information and advice with respect to meal preparation; culinary sculpture; rental of meeting rooms; rental of chairs, tables, table linen and glassware; Rental of lighting apparatus for public parks, parking lots, airport lounges, hotel rooms, seminars centers, colloquiums centers, conferences centers, congresses centers, symposiums centers, restaurants, bars, stadiums, sport infrastructures; rental of drinking water dispensers; Rental of racks for coat check; rental of tents in International Class 43.

 

Company concierge services, hotel concierge services, concierge services in administrative establishments, concierge services in health institutions, concierge services in training centers and conference centers; escorting services in society; babysitting; planning and arranging of wedding ceremonies; services for releasing of doves during special events; online social networking services; personal shopping services for others; rental of evening wear; clothing rental; security guard services in International Class 45. 

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

In a Trademark Act Section 66(a) application, classification of goods and/or services may not be changed from that assigned by the International Bureau of the World Intellectual Property Organization.  37 C.F.R. §2.85(d); TMEP §§1401.03(d), 1904.02(b).  Additionally, classes may not be added or goods and/or services transferred from one class to another in a multiple-class Section 66(a) application.  37 C.F.R. §2.85(d); TMEP §1401.03(d). 

 

 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

/Shaunia Carlyle/

Examining Attorney

Law Office 110

United States Patent and Trademark Office

571-272-9374

shaunia.carlyle@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 25, 2022 for

U.S. Trademark Application Serial No. 79334903

 

A USPTO examining attorney has reviewed your trademark application and issued an Office action.  You must respond to this Office action in order to avoid your application abandoning.  Follow the steps below.

 

(1)  Read the Office action.  This email is NOT the Office action.

 

(2)  Respond to the Office action by the deadline using the Trademark Electronic Application System (TEAS).  Your response must be received by the USPTO on or before 11:59 p.m. Eastern Time of the last day of the response period.  Otherwise, your application will be abandoned.  See the Office action itself regarding how to respond.

 

(3)  Direct general questions about using USPTO electronic forms, the USPTO website, the application process, the status of your application, and whether there are outstanding deadlines to the Trademark Assistance Center (TAC).

 

After reading the Office action, address any question(s) regarding the specific content to the USPTO examining attorney identified in the Office action.

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address to ensure you receive important USPTO notices about your application.

 

·         Beware of trademark-related scams.  Protect yourself from people and companies that may try to take financial advantage of you.  Private companies may call you and pretend to be the USPTO or may send you communications that resemble official USPTO documents to trick you.  We will never request your credit card number or social security number over the phone.  And all official USPTO correspondence will only be emailed from the domain “@uspto.gov.”  Verify the correspondence originated from us by using your Serial Number in our database, TSDR, to confirm that it appears under the “Documents” tab, or contact the Trademark Assistance Center.

 

·         Hiring a U.S.-licensed attorney.  If you do not have an attorney and are not required to have one under the trademark rules, we encourage you to hire a U.S.-licensed attorney specializing in trademark law to help guide you through the registration process.  The USPTO examining attorney is not your attorney and cannot give you legal advice, but rather works for and represents the USPTO in trademark matters.