To: | Zappos IP, Inc. (docket@amazon.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85841436 - GLANCE - TMKM1732 |
Sent: | 5/21/2013 1:20:54 PM |
Sent As: | ECOM101@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85841436
MARK: GLANCE
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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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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: 5/21/2013
Search Results
The trademark examining attorney has searched the Office’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).
Identification of Goods and Services
The wording used to describe the goods and/or services must be clarified because. See TMEP §1402.01. Applicant must specify the exact nature of the publications and reclassify information services relating to fashion in Class 045.
Information services are classified according to the subject matter of the information provided. TMEP §1402.11(b). Following are examples of proper classification: “providing information pertaining to purchasing an automobile” in International Class 35; “providing information regarding financing and insuring an automobile” in International Class 36; and “providing information regarding the repair and maintenance of automobiles” in International Class 37. If the information is provided online or via a website, this information should also be included in the identification of services, e.g., “providing online information in the field of health care information” in International Class 44.
In this case, applicant is providing a website featuring information about fashion. Since “fashion information” is classified in Class 045, applicant’s online information services must be reclassified in Class 045, even though they are being provided for entertainment purposes. However, contests and online publications, regardless of subject matter, are classified in Class 041.
The Office requires a degree of particularity necessary to identify clearly goods and/or services covered by a mark. See In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir. 2007). Descriptions of goods and services in applications must be specific, explicit, clear and concise. TMEP §1402.01; see In re Cardinal Labs., Inc., 149 USPQ 709, 711 (TTAB 1966); Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954).
Applicant may adopt the following identification of goods and/or services, if accurate: See TMEP §1402.01.
Providing publications relating to fashion, namely, [specify type of publications, e.g. providing online magazines and books] in the field of fashion; Entertainment services, namely, conducting contests related to fashion, in Class 041.
Providing a website featuring technology that enables internet users to create, upload, bookmark, view, annotate, and share data, information and multimedia content about fashion, in Class 042.
Providing a website in the field of entertainment featuring information, text, video, audio and images related to fashion; Providing news and information in the field of entertainment including text, video, audio and images in the field of fashion; Providing a website featuring information on fashion including reviews and commentary on fashion; Online social networking services; Providing social networking services for purposes of commentary, comparison, collaboration, consultation, advice, discussion, research, information sharing, indexing, information location, entertainment, all related to fashion, provided via a website, in Class 045.
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.
Requirements for A Multi-Class Application Under Section 1(b)
(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).
/Saima Makhdoom/
Attorney
Law Office 101
(571) 272-8802 (telephone)
(571) 273-8802 (Facsimile)
Saima.Makhdoom@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.