To: | Ripple Labs Inc. (docket@mabr.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87479625 - R3012.81932U |
Sent: | 8/29/2017 4:40:51 PM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87479625
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CORRESPONDENT ADDRESS: MASCHOFF BRENNAN LAYCOCK GILMORE ISRAELS |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Ripple Labs Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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PRIORITY 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.
ISSUE/MAILING DATE: 8/29/2017
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).
ISSUES APPLICANT MUST ADDRESS: On August 28, 2017, the trademark examining attorney and Rick Gilmore discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §§708, 711.
IDENTIFICATION OF SERVICES
In Class 36, the wording “Monetary services for receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network and exchanging fiat currencies and virtual currencies over a computer network” and “financial transaction services, namely, receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network” must be amended to clarify the nature of these services. Applicant may clarify that these are electronic banking services.
The wording “financial services, namely, providing a virtual currency for exchange and storage over a computer network” in the identification of services must be clarified because it is too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass the provision of the virtual currency, as well as the electronic data storage of the virtual currency, which is a Class 42 service.
Applicant may adopt the following identification of goods and services, if accurate:
Class 09: Software for providing an electronic financial platform that facilitates the transaction of payments and financial transactions over a computer network
Class 36: Electronic banking services, namely, monetary services for receiving and disbursing payments and gifts in fiat currencies and virtual
currencies over a computer network and exchanging fiat currencies and virtual currencies over a computer network; electronic banking financial transaction services,
namely, receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network; financial services, namely, providing a virtual currency for exchange and
storage over a computer network; currency exchange services, namely, exchanging fiat currencies and virtual currencies over a computer network; payment verification services,
namely, delivering payments and gifts from a source to a destination; financial management and administration services, namely, facilitating transfers of digital currency, transmission of digital
currency via electronic communication networks, and electronic transmission of digital currency
Class 38: Peer-to-peer network computer services, namely, electronic transmission of financial data over electronic communications networks
Class 42: Software as a service, featuring software for providing an electronic financial platform that facilities facilitates
transaction of payments over a computer network; Electronic data storage, namely, storage of virtual currency
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. See TMEP §1402.04.
For this application to proceed further for the full list of applicant’s goods and/or services, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options specified in this Office action for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements. For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “Responding to Office Actions” on the USPTO’s website.
If applicant does not respond to this Office action within six months of the issue/mailing date, the following services will be deleted from the application: Monetary services for receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network and exchanging fiat currencies and virtual currencies over a computer network; financial transaction services, namely, receiving and disbursing payments and gifts in fiat currencies and virtual currencies over a computer network; financial services, namely, providing a virtual currency for exchange and storage over a computer network; currency exchange services, exchanging fiat currencies and virtual currencies over a computer network, in Class 36, and Class 42. See 37 C.F.R. §2.65(a); TMEP §718.02(a). The application will then proceed with the following goods and services only: Class 09, payment verification services, namely, delivering payments and gifts from a source to a destination; financial management and administration services, namely, facilitating transfers of digital currency, transmission of digital currency via electronic communication networks, and electronic transmission of digital currency, in Class 36, and Class 38. See TMEP §718.02(a). In such case, an applicant may timely file a petition to revive the abandoned services, which, if granted, would allow for the reinsertion of these services into the application. See 37 C.F.R. §2.66; TMEP §§718.02(a), 1714. The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(b)(1).
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.
/Laura Golden/
Examining Attorney
Law Office 103
(571) 272-3928
laura.golden@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.