Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 1/30/2017

 

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).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Sally M. Abel via telephone on January 27, 2017, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and services may clarify or limit the goods and services, but may not add to or broaden the scope of the goods and services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

AMENDMENT TO IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is amended to read as follows: 

 

Class 09 – “Computer application software and downloadable mobile applications software for assisting users with wardrobe item selection and wardrobe item purchases; downloadable mobile applications for use in obtaining fashion advice and communicating with fashion consultants; downloadable mobile applications for use in creating and managing a virtual closet; downloadable mobile applications for use in creating a database of images of a person's existing wardrobe, including clothing, footwear, headwear, accessories and jewelry; downloadable mobile applications for use by fashion consultants in providing personal styling advice and suggesting clothing and accessories to purchase; downloadable mobile applications to allow users to browse and buy apparel and accessories; downloadable mobile applications for the purpose of creating a user profile, assembling coordinated outfits, storing and sharing favorites, establishing a virtual closet, and recommending clothing, accessories and fashion purchases; downloadable mobile applications for use in obtaining fashion styling services and for paying for such services; downloadable mobile applications for use in organizing closet space; downloadable mobile applications for use in obtaining closet and wardrobe organization and cleaning services and for paying for such services”

 

Class 42 – “Providing temporary use of non-downloadable software for assisting users with wardrobe item selection and wardrobe item purchases; providing temporary use of non-downloadable software for use in obtaining fashion advice and communicating with fashion consultants; providing temporary use of non-downloadable software for use in creating and managing a virtual closet; providing temporary use of non-downloadable software for use in creating a database of images of a person's existing wardrobe, including clothing, footwear, headwear, accessories and jewelry; providing temporary use of non-downloadable software for use by fashion consultants in providing personal styling advice and suggesting clothing and accessories to purchase; providing temporary use of non-downloadable software to allow users to browse and buy apparel and accessories; providing temporary use of non-downloadable software for the purpose of creating a user profile, assembling coordinated outfits, storing and sharing favorites, establishing a virtual closet, and recommending clothing, accessories and fashion purchases; providing temporary use of non-downloadable software for use in obtaining fashion styling services and for paying for such services; providing temporary use of non-downloadable software for use in organizing closet space; providing temporary use of non-downloadable software for use in obtaining closet and wardrobe organization and cleaning services and for paying for such services”

 

Class 45 – “Organizational services for home or personal purposes, namely, organizing closet space”

 

See TMEP §§1402.01, 1402.01(e).

 

WHAT HAPPENS NEXT

 

After an examiner’s amendment issues, the trademark examining attorney will usually approve the mark for publication in the Trademark Official Gazette, a weekly online publication of the USPTO.  The USPTO will then send a “Notice of Publication” to the applicant specifying the date of publication. 

 

The purpose of publishing applicant’s mark in the Trademark Official Gazette is to provide an opportunity to third parties who believe they may be damaged by registration of applicant’s mark to oppose its registration within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on such matters.  If an opposition proceeding is instituted to oppose registration of applicant’s mark, applicant will receive notice.  In such cases, due to the complexity of such matters, applicant may wish to hire an attorney.

 

If the mark is published based upon the actual use of the mark in commerce, or based on a foreign registration, and no party opposes its registration, the USPTO will normally register the mark and issue a registration certificate within approximately twelve (12) weeks after the date the mark was published.

 

If the mark is published based upon the applicant’s bona fide intention to use the mark in commerce, and no party opposes its registration, the USPTO will issue a “Notice of Allowance” within approximately eight (8) weeks after the date the mark was published.  Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request).  Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance.  If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request.  The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.

 

For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines.  Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.

 

/Seth Dennis/

Examining Attorney

Law Office 113

(571) 272-9495

seth.dennis@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 1/30/2017 FOR U.S. APPLICATION SERIAL NO.87202115

 

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.