To: | Thunder Token Inc. (trademarkny@winston.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88018658 - THUNDERCORE - 16636.00004g |
Sent: | 2/19/2019 3:52:51 PM |
Sent As: | ECOM101@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88018658
MARK: THUNDERCORE
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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: Thunder Token Inc.
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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.
ISSUE/MAILING DATE: 2/19/2019
Upon further review, the examining attorney has determined the following.
The applicant agreed to the identification of services in the Examiner’s Amendment dated November 23, 2018. However, portions of the identifications in Classes 35 and 36 remain unacceptable and require amendment. The examining attorney apologizes for the inconvenience.
IDENTIFICATION OF SERVICES – THIS REQUIREMENT APPLIES ONLY TO THE SERVICES NOTED HEREIN
The wording “Business services, namely, providing blockchain technology that manages transactions of digitized assets such as bitcoins, cryptocurrency, collateral for derivatives, derivative contracts, virtual currency, and digital currency” listed in the Class 35 identification of services is indefinite and possibly misclassified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
It is unclear what the applicant means by “providing blockchain technology.” As is, it could be a Class 42 technology service in Class 42, or a financial service a Class 36, or, if the applicant is merely managing information on the blockchain similar to database management, Class 35. Moreover, the wording “business service” must be more specific to classify the services in Class 35. For example, “providing technology to businesses in the nature of online downloadable software,” would be in Class 42. If the applicant is “processing financial transactions,” this would be a service in Class 36.
Additionally, the wording “Cryptocurrency services, namely, providing a digital currency based on cryptographic protocols, -operated through the Internet, and used as a method of payment for goods and services” listed in Class 36 does not appear to be actual services under TMEP§1301.01(a) and needs clarification. The applicant has merely defined what cryptocurrency is but has not indicated what services they are offering to others.
Applicant may substitute the following wording, if accurate:
Cryptocurrency exchange services in Class 36;
Cryptocurrency trading services in Class 36;
Cryptocurrency payment processing in Class 36;
Financial transaction services for businesses, namely, managing and processing transactions of digitized assets such as bitcoins, cryptocurrency, collateral for derivatives, derivative contracts, virtual currency, and digital currency using blockchain technology in Class 36;
Providing on-line non-downloadable software for businesses for managing transactions of digitized assets such as bitcoins, cryptocurrency, collateral for derivatives, derivative contracts, virtual currency, and digital currency using blockchain technology in Class 42;
Providing a website for businesses featuring technology for managing transactions of digitized assets such as bitcoins, cryptocurrency, collateral for derivatives, derivative contracts, virtual currency, and digital currency using blockchain technology in Class 42.
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.
RESPONSE GUIDELINES – PARTIAL ABANDONMENT ADVISORY
Applicant is encouraged to call or email the assigned trademark examining attorney below to resolve the issues in this Office action. Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
If applicant does not respond to this Office action within the six-month period for response, the following goods and/or services in International Class 35 will be deleted from the application: “Business services, namely, providing blockchain technology that manages transactions of digitized assets such as bitcoins, cryptocurrency, collateral for derivatives, derivative contracts, virtual currency, and digital currency;” and “Cryptocurrency services, namely, providing a digital currency based on cryptographic protocols, -operated through the Internet, and used as a method of payment for goods and services.” The application will then proceed with the remaining goods and/or services in International Class(es) 9, 35, 36, and 42 only. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
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.
/Aisha Johnson/
Examining Attorney
Law Office 105
(571) 272-9295
aisha.johnson@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.