To: | Pave, Inc. (ipprosecution@orrick.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85796437 - PAVE - 27324.1/2 |
Sent: | 3/25/2013 5:00:14 PM |
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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PRIORITY 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: 3/25/2013
DATABASE SEARCH: The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
ISSUES APPLICANT MUST ADDRESS: On March 25, 2013, the trademark examining attorney and Kristin Cornuelle discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
SEARCH OF THE RECORDS
RECITATION OF SERVICES
Specifically, the wording related to the websites is overly broad and must be further specified.
Applicant may adopt the following identification, if accurate:
Class 41
Providing a website that enables users to subscribe to and provide coaching, mentoring, and/or educational services, in International Class 41.
Class 42
Providing a website featuring non-downloadable software for __________ [applicant must specify the function of the programs, e.g., for use in database management, for use as a spreadsheet, for word processing, etc. and if software is content- or field-specific, the field of use] for use in the field of consumer financing, business fundraising and financial investment; providing a website featuring non-downloadable software for __________ [applicant must specify the function of the programs, e.g., for use in database management, for use as a spreadsheet, for word processing, etc. and if software is content- or field-specific, the field of use. Please note that applicant must be more specific or provide the actual software function intended by the wording “to facilitate electronic communications and networking” using common commercial terms] in the field of consumer financing, business fundraising and financial investment, in International Class 42.
TMEP section 1402.011.
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.
CLASSIFICATION
INSUFFICIENT FEES
The application identifies goods and/or services that are classified in at least 2 classes; however, the fees submitted are sufficient for only 1 class(es). In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2); TMEP §§810.01, 1403.01.
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fee(s) already paid, or (2) submit the fees for the additional class(es).
PROSECUTION OF MULTIPLE CLASS APPLICATIONS - ITU
(1) Applicant must list the goods and/or services by international class; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov).
See 37 C.F.R. §§2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
/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.