To: | Uber Technologies, Inc. (tmprosecution@uber.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88028680 - SPOTLIGHT - N/A |
Sent: | 4/30/2019 1:28:48 PM |
Sent As: | ECOM107@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88028680
MARK: SPOTLIGHT
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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: Uber Technologies, 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: 4/30/2019
This Office action is in response to applicant’s communication filed on April 9, 2019.
The trademark examining attorney notes that the following refusal/potential refusal/requirement(s) have been continued and maintained. See TMEP §§713.02, 714.04.
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION – CONTINUED AND MAINTAINED
POTENTIAL ADDITIONAL LIKELIHOOD OF CONFUSION REFUSAL – CONTINUED AND MAINTAINED
Applicant's arguments regarding the Section 2(d) refusals have been read and considered and will be addressed upon the resolution of the Identification of Goods and Services requirement set forth below. This is an effort to avoid multi-staged prosecution of this file and consider the marks at issue and the fields of the goods as a whole.
Therefore, the Examining Attorney defers its complete response to applicant's Section 2(d) refusal arguments pending the resolution of the requirement set forth below.
IDENTIFICATION OF GOODS and SERVICES – NEW ISSUE
The identification of services is indefinite and must be clarified because it lacks specificity. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must specify the common commercial or generic name for the services. If the services have no common commercial or generic name, applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s).
For the applicant’s convenience, the Examining Attorney has highlighted suggested amendments and problem areas in bold type below.
Applicant may adopt the following wording, if accurate:
Class 38: Telecommunications services, namely, information transmission via electronic communications and digital networks; Telecommunications services, namely, providing electronic message alerts via the internet and global communications networks
Class 39: Transport, namely, providing information about transportation via a website; travel arrangement, namely, providing information about travel arrangement in the nature {applicant must specify what is intended by “travel arrangement”, for example, arranging transport for travelers, or for example, arranging for travel visas, passports and travel documents for persons traveling abroad} via a website; Travel arrangement in the nature of carpooling services that match drivers of motor vehicles with individuals needing rides, namely, assisting rideshare riders to locate rideshare drivers and assisting rideshare drivers to locate rideshare riders
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 at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
RESPONSE GUIDELINES
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and email technical questions to TEAS@uspto.gov.
/Ronald E. DelGizzi/
Trademark Examining Attorney
Law Office 107
Phone - (571) 272-2754
ronald.delgizzi@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.