UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 9/28/2018

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SEARCH OF OFFICE’S DATABASE OF MARKS

 

The trademark examining attorney has searched the Office’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).

 

IDENTIFICATION OF SERVICES

 

The wording “publishing of programs and events over the internet and other electronic communications networks, namely, programs and events relating to market studies, market research, asset sale and purchase, financial services, investments, stocks and shares” in the identification of services is indefinite and must be clarified because it is not clear exactly what services are intended as written and it could include services in other classes..  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “electronic publishing services, namely, publication of text and graphic works of others on the internet and other electronic communications networks, namely, (indicate format, e.g. CDs, DVD)  in the field  of market studies, market research, asset sale and purchase, financial services, investments, stocks and shares”.  Applicant is advised that should it adopt this identification, the proper international class is Class 41.

 

Due to the wording “programs and events” it appears as if applicant may have intended to provide informational services and/or broadcasting services rather than publication services.  If so, applicant may adopt the following identification, if accurate:  “Information services in the field of market studies, market research, asset sale and purchase, financial services, investments, stocks and shares”.  Informational services are classified according to the subject matter of the information.  Since the information conveyed in the applied-for mark is financial in nature, the proper classification is Class 36.  If applicant’s services are broadcasting services, applicant may adopt the following identification, if accurate:  “Internet broadcasting services of programs and events in the field of market studies, market research, asset sale and purchase, financial services, investments, stocks and shares”.  Applicant is advised that should it adopt this identification, the proper international class is Class 38.

 

The wording “creation, production and distribution of education, training, cultural, amusement and information programs and events for broadcasting over the internet and other electronic communications networks, namely, programs and events relating to market studies market research, asset sale and purchase, financial services, investments, stocks and shares ” in the identification of services is indefinite and must be clarified because it is not clear exactly what services are intended as written.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  Entertainment and educational services, namely, creation and production services  of programs and events, (specify, e.g. television programs, community festivals) in the field of market studies, market research, asset sale and purchase, financial services, investments, stocks and shares for broadcasting over the internet and other electronic communications networks; distribution services of multimedia entertainment content in the field of market studies, market research, asset sale and purchase, financial services, investments, stocks and shares for broadcasting over the internet and other electronic communications”. Applicant is advised that should it adopt any of these identifications, the proper international class is Class 41.

 

If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney.  All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights.  See TMEP §§705.02, 709.06.

 

 

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.  

 

 

 

Arant, Lucy

/Lucy Arant/

Trademark Examining Attorney

Law Office 117

lucy.arant@uspto.gov

571-272-3542

 

TO RESPOND TO THIS LETTER:  Go to http://www.uspto.gov/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.uspto.gov/.  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.uspto.gov/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.