To: | YWCA USA, INC. (trademark@proskauer.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88022800 - YWCA - 53865-017 |
Sent: | 12/17/2018 6:40:09 AM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88022800
MARK: YWCA
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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: YWCA USA, 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: 12/17/2018
This application was approved for publication on October 30, 2018. See 37 C.F.R. §2.80. However, approval of the application has been withdrawn to address the issue(s) below. See TMEP §706.01. The trademark examining attorney apologizes for any inconvenience this may cause applicant.
Recitation of Services – Clarification Required:
The wording “mentoring programs” in the identification of services is indefinite and must be clarified. See TMEP §1402.01. Applicant must specify the subject matter of the programs.
The wording “health education services” is indefinite. The form of the health education, such as health education training, health education classes, or health education workshops, must be specified.
The entry of “programs that address and prevent sexual assault, trafficking, and domestic and gender-based violence” is indefinite and overbroad and may identify services in multiple international classes. While educational services in the nature of programs are classified in Class 41, programs covering the fields identified may identify health care services in the nature of health-related programs in Class 44, or programs for providing legal services to domestic assault victims in Class 45.
Please note: In accordance with the abovementioned requirements, the examining attorney has indicated acceptable changes to the applicant’s recitation of services below in bold font. Applicant may adopt the following identification of services, if accurate:
Class 41: “Educational services, workshops, seminars, conferences, and public events for the purpose of advancing racial justice and civil rights, empowerment and economic advancement of women and girls, and health and safety of women and girls; youth and women's leadership training programs; academic programs including language, science, technology, engineering and mathematics; early learning centers and after school educational programs for children in grades K through 12; parenting education programs; bullying prevention programs; mentoring programs in the field of (specify subject matter); business skill development, financial literacy, workforce readiness and job skills training programs; translation services; English language instruction; citizenship classes; health education training services; health and wellness coaching; physical education services and training; training services for health, employers, government officials and social service providers to increase understanding of conditions and barriers being faced by women and girls; and educational programs in the fields of sexual assault prevention, trafficking, and domestic and gender-based violence”
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
Telephone or E-Mail Response to Office Action Encouraged
Applicant is encouraged to telephone or e-mail the assigned trademark examining attorney to resolve the issues raised in this Office action by examiner’s amendment. Although the USPTO will not accept a formal response by e-mail, an applicant may communicate informally by phone or e-mail with the trademark examining attorney to agree to a proposed amendment to the application that will immediately place the application in condition for publication for opposition, issuance of a registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
Partial Abandonment – Advisory
If applicant should fail to respond to this Office action within the six month time limit, then the services specified in International Class 41 will be deleted from the application.
The application will proceed for the remaining services in International Class 41 and the services in International Classes 35, 36, 43, 44 and 45. 37 C.F.R. §2.65(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.
Jessica Ellinger Fathy
/Jessica Ellinger Fathy/
Trademark Examining Attorney
Law Office 110
(571) 272-6582
jessica.fathy@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.