To: | Competitor Group, Inc. (trademarks@cooley.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85532088 - COMPETITOR - 312305-20000 |
Sent: | 10/5/2012 2:11:50 PM |
Sent As: | ECOM106@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 85532088
MARK: COMPETITOR
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Competitor Group, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 10/5/2012
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on September 5, 2012. The following refusal(s)/requirement(s) are now made FINAL. See37 C.F.R. §2.64(a).
IDENTIFICATION OF SERVICES – FINAL REQUIREMENT
The wording “and vendor booths of food and race related sporting goods” in the identification of services must be clarified because it is too broad and could include services in other international classes. See TMEP §§1402.01, 1402.03. Because the wording “vendor booths of food and race related sporting goods” suggests vendor services, it encompasses services within International Class 35. The services of “organizing community festivals” must feature only services that are primarily entertainment activities in International Class 41, e.g. sporting events, art exhibitions, ethnic dance performances.
Applicant may adopt the following identification of services, if accurate. See TMEP §1402.01. Bracketed wordings are the required deletions and bolded wordings are suggested amendments.
International Class 35 (see below to add this class)
Vending in the field of food and endurance race related sporting goods at community festivals
International Class 41
providing a website featuring news and articles regarding sports, and hosting and organizing endurance sports racing events and related community festivals featuring
music[,] and race related award ceremonies[, and vendor booths of food and race related sporting goods]; providing digital information via a website in the field of
endurance sports; providing recognition and incentives by the way of awards to demonstrate excellence in the field of sports
For assistance with identifying and classifying goods and/or services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
ADDITIONAL CLASS – INTENT TO USE
(1) LIST GOODS AND/OR SERVICES BY INTERNATIONAL CLASS: Applicant must list the goods and/or services by international class.
(2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of goods and/or services not covered by the fee(s) already paid (confirm current fee information at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp).
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
PROPER RESPONSE TO FINAL ACTION
(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or
(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.
37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.
In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).
COMMUNICATION
/Sophia S. Kim/
Sophia S. Kim
Trademark Examining Attorney
Law Office 106
571-272-9178
sophia.kim@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.