Suspension Letter

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

SUSPENSION NOTICE: NO RESPONSE NEEDED

 

ISSUE/MAILING DATE: 12/29/2016

 

The trademark examining attorney is suspending action on the application for the reason stated below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

The effective filing date of the pending application identified below precedes the filing date of applicant’s application.  If the mark in the referenced application registers, applicant’s mark may be refused registration under Section 2(d) because of a likelihood of confusion with that registered mark.  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, action on this application is suspended until the earlier-filed referenced application is either registered or abandoned.  37 C.F.R. §2.83(c).  A copy of information relevant to this referenced application was sent previously.

 

            - Application Serial No. 85657690

 

UPDATE ON OUTSTANDING ISSUES

 

This suspension notice is in response to the applicant’s communications filed on December 16, 2016, where the applicant:

 

(1)  Offered arguments and evidence against the Section 2(d) Likelihood of Confusion Refusal;

(2)  Amended the identification of goods and services;

(3)  Clarified the number of classes for which registration is sought;

(4)  Clarified the entity type;

(5)  Submitted a signed declaration for the application; and

(6)  Submitted a new drawing of the mark

 

REQUIREMENTS SATISFIED:

 

(1)  Applicant’s amended identification and arguments against the Section 2(d) Likelihood of Confusion refusals are persuasive. Therefore, this refusal is OBVIATED.

(2)  Applicant’s clarification of the number of classes for which registration is sought is acceptable and made of record. Therefore, this requirement is SATISFIED.

(3)  Applicant’s clarification of the entity type is acceptable and made of record. Therefore, this requirement is SATISFIED.

(4)  Applicant’s submission of a signed declaration for the application is acceptable and made of record. Therefore, this requirement is SATISFIED.

(5)  Applicant’s new drawing is acceptable and made of record. Therefore, this requirement is SATISFIED.

 

REQUIREMENTS MAINTAINED AND CONTINUED:

 

IDENTIFICATION OF GOODS INDEFINITE – AMENDMENT REQUIRED

 

The identification of goods continues to be indefinite and must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant is advised to see the preceding Office Action of June 16, 2016 for a full identification suggestion.

 

Class 39

 

The wording “booking and transportation services” in “planning, arranging and booking of travel by electronic means, namely, booking and transportation services; planning, arranging and booking of travel, namely, booking and transportation services” is indefinite and must be clarified. Specifically, it is unclear what type of service is being offered. Applicant must state the specific type of booking  and transportation services being offered. For example, planning, arranging and booking of travel by electronic means, namely, booking of (applicant to specify type of booking service, e.g., airline tickets, etc.) and transportation (application to specify type of service, e.g., reservation, etc.) services

 

The wording “providing information regarding travel arrangement, namely, arranging and offering transport for travelers and commuters, via a website” is ambiguous and must be clarified. Specifically, the services of providing information and arranging and offering transport are separate and distinct services. Therefore, applicant must clarify the service that is being offered. For example, providing information regarding travel arrangement, namely, providing travel information needed for arranging transport for travelers and commuters, via a website.

 

Because the amended identification of goods and services is still indefinite, this requirement is MAINTAINED AND CONTINUED.

 

PROCEDURAL INFORMATION

 

The USPTO will periodically conduct a status check of the application to determine whether suspension remains appropriate, and the trademark examining attorney will issue as needed an inquiry letter to applicant regarding the status of the matter on which suspension is based.  TMEP §§716.04, 716.05.  Applicant will be notified when suspension is no longer appropriate.  See TMEP §716.04.

 

No response to this notice is necessary; however, if applicant wants to respond, applicant should use the “Response to Suspension Inquiry or Letter of Suspension” form online at http://teasroa.gov.uspto.report/rsi/rsi.

/John Schmidt/

Examining Attorney, Law Office 113

United States Patent and Trademark Office

(571) 272-7082

john.schmidt@uspto.gov

 

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 Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 12/29/2016 FOR U.S. APPLICATION SERIAL NO.86921557

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.