To: | Rational Intellectual Holdings Limited (tmdocket@arentfox.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88046941 - BETEASY - 037611._____ |
Sent: | 10/23/2018 10:48:06 PM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88046941
MARK: BETEASY
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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: Rational Intellectual Holdings Limited
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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: 10/23/2018
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.
DATABASE SEARCH – NO CONFLICTING 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 AND CLASSIFICATION OF GOODS & SERVICES
The goods and services are:
Class 9: computer software and computer programs for gaming, gambling and betting; computer software and computer programs exclusively in connection with cards games, games of chance, casino games; computer software platforms for social networking exclusively in connection with card games, games of chance, casino games, competitions, contests, game shows and events; computer application software exclusively in connection with card games, games of chance, casino games; video game programs exclusively in connection with card games, games of chance, casino games; downloadable electronic game programs that may be accessed via internet, electronic mail or portable, mobile, handheld or tablet devices, exclusively in connection with card games, games of chance, casino games; downloadable electronic publications exclusively in connection with card games, games of chance, casino games, competitions, contests, game shows and events;
Class 41: betting and gambling services; the provision of betting and gambling services live and over the internet and via mobile and cellular phones, handheld, tablet and laptop computers; entertainment services, namely, gambling contests and game shows; television entertainment services, namely, televised gambling contests and game shows; providing betting facilities; sporting and cultural activities in connection with gambling and betting, namely, gambling contests and game shows; the provision of information in the field of betting and gambling services, gambling contests and game shows; the provision and distribution of electronic publications, namely, online publications, exclusively in connection with gambling contests, game shows and betting; organisation, administration and running of gambling and betting services, gambling contests and game shows; providing gambling services via social media web sites and social media platforms
Some of the wording in the identification of goods and services, highlighted in bold type, above, is indefinite because it does not clearly specify the nature, function, or purpose of the goods and services. Applicant must amend to description to clarify, as appropriate, the nature, intended consumers, main purpose, and intended uses of the goods, as well as the services’ main purpose and field of use or channels of trade. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
Applicant may adopt the following identification and classifications, if accurate:
Class 9: computer software and computer programs for gaming, gambling and betting; computer software and computer programs for use exclusively in connection with cards games, games of chance, casino games; computer software platforms for social networking exclusively in connection with card games, games of chance, casino games, competitions, contests, game shows and events; computer application software for use exclusively in connection with card games, games of chance, casino games; video game programs for use exclusively in connection with card games, games of chance, casino games; downloadable electronic game programs that may be accessed via internet, electronic mail or portable, mobile, handheld or tablet devices, for use exclusively in connection with card games, games of chance, casino games; downloadable electronic publications in the nature of {specify type of publication, e.g., books, magazines, articles, newsletters} in the field of card games, games of chance, casino games, competitions, contests, game shows and events
Class 41: betting and gambling services; the provision of betting and gambling services live and over the internet and via mobile and cellular phones, handheld, tablet and laptop computers; entertainment services, namely, conducting gambling contests and providing ongoing television game shows; television entertainment services, namely, ongoing televised gambling contests and ongoing television game shows; providing betting facilities; sporting and cultural activities in connection with gambling and betting, namely, conducting gambling contests and providing ongoing television game shows; the provision of information in the field of betting and gambling services, gambling contests and game shows; the provision and distribution of electronic publications, namely, online publications, in the nature of {specify type of publication, e.g., books, magazines, articles, newsletters} in the field of gambling contests, game shows and betting; organisation, administration and running of gambling and betting services, gambling contests and production of game shows; providing gambling services via social media web sites and social media platforms
Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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
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.
CONTACT EXAMINING ATTORNEY
/Roger T. McDorman/
Trademark Examining Attorney
Law Office 109
571-272-5224
roger.mcdorman@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.