To: | CE Trademark LLC (pctrademarks@perkinscoie.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 85900393 - REVOLT - 82883.4004.0 |
Sent: | 2/20/2014 1:21:22 PM |
Sent As: | ECOM107@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 Attachment - 23 Attachment - 24 Attachment - 25 Attachment - 26 Attachment - 27 Attachment - 28 Attachment - 29 Attachment - 30 Attachment - 31 Attachment - 32 Attachment - 33 Attachment - 34 Attachment - 35 Attachment - 36 Attachment - 37 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 85900393
MARK: REVOLT
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: CE Trademark LLC
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
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: 2/20/2014
This Office action is in response to applicant’s communication filed on January 31, 2014.
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
The Section 2(d) refusal as to U.S. Reg. No. 4071658 is WITHDRAWN based upon applicant’s amendment to the identification of goods.
The Section 2(d) refusal as to U.S. Reg. Nos. 1489444 and 2397258 is CONTINUED.
In the present case, applicant’s mark is REVOLT and registrant’s mark is REVOLT. Thus, the marks are identical in terms of appearance and sound. In addition, the connotation and commercial impression of the marks do not differ when considered in connection with applicant’s and registrant’s respective goods and services. Therefore, the marks are confusingly similar.
Although applicant has deleted clothing from its recitation of services, it has retained bags and fashion accessories. These items are highly related to clothing and are often marketed under the same mark. See http://www.llbean.com; www.landsend.com. Accordingly, applicant’s retail store services features goods closely related to those of registrant. The goods and services, therefore, are highly related.
RECITATION OF SERVICES
The requirement that applicant amend the recitation of services is CONTINUED.
Applicant may adopt the following identification of services, if accurate: “Advertising services; marketing services; online retail store and retail store services featuring pre-recorded DVDs and CDs, books, games, posters, fashion accessories, bags, drinkware and collectible items; providing an online database featuring commercial administration of the licensing of vintage and current broadcasts, interviews, images, stock and archival footage collections; computerized on-line retail store services in the field of pre-recorded videos and DVDs,” in Class 35;
“Providing an online database featuring licensing of vintage and current broadcasts, interviews, images, stock and archival footage collections,” in Class 45. See TMEP §1402.01.
Commercial administration of licensing is classified in Class 35. Licensing is considered a legal service and therefore classified in Class 45. The provision of databases is classified in the service-related subject matter of the database. See http://www.tess2.uspto.gov.
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 at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
MULTIPLE – CLASS APPLICATION REQUIREMENTS
(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).
/Kathleen M. Vanston/
Examining Attorney
Law Office 107
(571) 272-9235
kathy.vanston@uspto.gov [for informal inquiries only]
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.