| To: | Central Valley Ag Cooperative (ip@fredlaw.com) |
| Subject: | U.S. TRADEMARK APPLICATION NO. 87277985 - PROEDGE - 73349 |
| Sent: | 3/31/2017 11:06:10 AM |
| Sent As: | ECOM114@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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U.S. APPLICATION SERIAL NO. 87277985
MARK: PROEDGE
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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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APPLICANT: Central Valley Ag Cooperative
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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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
The assigned examining attorney has reviewed the referenced application and determined the following.
I. NO CONFLICTING MARKS:
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 1105.01. However, the applicant must respond to the following issue(s).
II. IDENTIFICATION OF GOODS/SERVICES - Indefinite in Part:
The identification of goods and/or services is unacceptable as indefinite in part because it lacks sufficient specificity and because the goods/services fall into additional classes. Specifically, the newsletter is a Class 16 good and must be classified accordingly. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. As such, applicant must amend the identification to make it definite along the lines suggested below. Accordingly, applicant may adopt the following identification, if accurate:
- Newsletters in the field of agriculture and grain and commodity marketing, in International Class 16; and
- Business consulting in the agricultural field; business marketing consulting services; grain market analysis; marketing analysis services; marketing consultation in the field of grain and commodity marketing; marketing consulting; providing business marketing information, in International Class 35.
PTO ONLINE SEARCHING MANUAL:
For aid in selecting acceptable identifications of goods and services and determining proper classification, the searchable Manual of Acceptable Identifications of Goods and Services is available on the PTO website at http://tess2.gov.uspto.report/netahtml/tidm.html.
Please also note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods or services that are not within the scope of the goods and services recited in the present identification.
III. CLASSIFICATION OF GOODS/SERVICES:
IV. ADDITIONAL CLASSES:
If the applicant prosecutes this application as a combined, or multiple-class, application, the applicant must comply with each of the following:
(1) The applicant must list the goods/services by international class (as listed above);
(2) The applicant must submit a filing fee for each international class of goods/services not covered by the fee already paid (USPTO’s current fee schedule). The applicant has already paid for one class; and
(3) The applicant must also submit the below for each added international class based on Use in Commerce:
(a) Dates of Use: the date of first of the mark use anywhere and first use of the mark in commerce “or” a statement that the dates of use submitted with the application apply to each class added. Please note, the dates of use must be at least as early as the filing date of this application. See more information about verified dates of use;
(b) Specimen: one specimen for each class of goods/services added; and the specimen(s) must have been in use in commerce at least as early as the filing date of the application. If a single specimen supports multiple added classes, applicant should specify such classes rather than providing multiple copies of the same specimen. See more information about specimens;
Please note, the specimen submitted with the application is acceptable for both Classes; and
(c) Verification: the applicant must submit an affidavit or a declaration under 37 C.F.R. §2.20 to verify 3(a) above, if the dates of use for the class(es) added differ from those already provided in the application. That is, verification is not required where the dates of use for the class(es) added are the same as the dates of use already specified in the application. See more information about verification. Please see immediately below for a properly worded declaration (as applicable).
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
DECLARATION:
The following is a properly worded declaration under 37 C.F.R. Section 2.20 to support the requirements for this Section. If the applicant uses this declaration rather than a notarized statement, then at the end of responses to the issues raised in this Section, the applicant should submit this declaration signed by a person properly authorized to sign on behalf of the applicant under 37 C.F.R. §2.193(e)(1). TMEP §§611.01(b), 804.01(b). See TMEP §804.04.
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his or her own knowledge are true and all statements made on information and belief are believed to be true.
_____________________________
(Signature)
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(Print or Type Name and Position)
_____________________________
(Date)
V. CONCLUSION:
If the applicant has any questions or needs assistance in responding to this Office Action, please telephone the assigned examining attorney.
Please note: All of the above issue(s) may be resolved by telephone/email (including the addition of classes). The applicant is encouraged to call/email the undersigned, instead of submitting a written response, to expedite the application.
/KaranChhina/
Karanendra S. Chhina
Trademark Attorney
Law Office 114
(571) 272-9447
karan.chhina@uspto.gov
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
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.