To: | Pave, Inc. (ipprosecution@orrick.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85796437 - PAVE - 27324.1/2 |
Sent: | 6/17/2013 6:16:49 AM |
Sent As: | ECOM112@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85796437
MARK: PAVE
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CORRESPONDENT ADDRESS: THOMAS H. ZELLERBACH & KRISTIN S. CORNUE |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Pave, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 6/17/2013
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on May 20, 2013.
The applicant has 1) proposed an amendment to the recitation of services and 2) added and paid for an additional class of services. No. 2 is acceptable.
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The proposed amendment to the recitation of services is unacceptable.
FINAL – RECITATION OF SERVICES
The applicant has adopted wording in Class 41 that combines services of both Classes 41 and 42. Providing coaching, mentoring and educational services via a website are found in Class 41, while providing a website that enables users to subscribe to coaching, mentoring, and educational services is considered a computer service in Class 42.
Applicant may adopt the following identification, if accurate:
Class 41
Providing a website featuring online coaching, mentoring and educational services in the nature of __________ [applicant must specify the type of services, e.g., classes, workshops, seminars] in the field of __________ [applicant must specify the field of use], in International Class 41.
Class 42
Providing a website featuring non-downloadable software for individuals to seek and obtain funding and discover and fund other individuals for use in the field of consumer financing, business fundraising and financial investment; Providing a website that enables users to subscribe to coaching, mentoring, and/or educational services, in International Class 42.
TMEP §1402.01.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Accordingly, the requirement to amend the recitation of services is maintained and made FINAL.
PROPER RESPONSE TO FINAL REQUIREMENT – Partial Abandonment Advisory
Applicant must respond within six months of the date of issuance of this final Office action or the following class(es) to which the final refusal(s) and/or requirement(s) apply will be deleted from the application by Examiner’s Amendment: Class 41. 37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).
The application will then proceed for the following services: Providing a website featuring non-downloadable software for individuals to seek and obtain funding and discover and fund other individuals for use in the field of consumer financing, business fundraising and financial investment; Providing a website that enables users to subscribe to coaching, mentoring, and/or educational services, in International Class 42.
Applicant may respond by providing one or both of the following:
(1) A response that fully satisfies all outstanding requirements;
(2) An appeal to the Trademark Trial and Appeal Board, with the appeal fee of $100 per class.
37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review 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).
/Sharon A. Meier/
____________________________________
Trademark Attorney, LO112
571-272-9112 phone
571-273-912 fax
sharon.meier1@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 the Trademark Electronic Application System (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 the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or 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/trademarks/teas/correspondence.jsp.