To: | Alto Experience Inc. (ipdocketing@haynesboone.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88050837 - ALTO - 56965.4 |
Sent: | 11/16/2018 3:08:46 PM |
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. 88050837
MARK: ALTO
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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: Alto Experience 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: 11/16/2018
Please note, call can resolve issue(s):
SEARCH
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).
However, in order for the mark to be registerable, applicant must respond to the following requirement(s):
REQUIREMENT(S)
IDENTIFICATION OF GOODS AND SERVICES UNACCEPTABLE
Applicant must specify the common commercial or generic name for the goods and/or services. See TMEP §1402.01. If there is no common commercial or generic name, applicant must describe the product and intended consumer as well as its main purpose and intended uses and/or describe the nature of the services as well as their main purpose, channels or trade, and the intended consumer(s). See id.
Applicant may adopt the following wording, if accurate:
Class 009:
Computer software and downloadable mobile applications for coordinating and scheduling transportation services, namely, connecting transportation providers with individuals and groups needing rides, the arrangement and booking of transportation, and the dispatch of motorized vehicles; Computer software for motor vehicle navigation;
Software for logistics.
Class 035:
Transportation logistics services, namely, _____ (specify, e.g., arranging the transportation of goods for others); (moved from Class 039) Providing a website featuring business management consultation in the field of transportation logistics.
Class 039:
Transportation of passengers by vehicle through a network of transportation providers; Providing a website featuring information regarding transportation
and logistics services and bookings for transportation services.
Class 042:
Providing temporary use of online non-downloadable software for coordinating and scheduling transportation services, namely, connecting transportation providers with individuals and groups needing rides, the arrangement and booking of transportation, and the dispatch of motorized vehicles; Providing temporary use of online non-downloadable software, namely, computer software for motor vehicle navigation; Providing temporary use of online non-downloadable software, namely, software for logistics.
Again, 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.
GENERAL SIGNIFICANCE OF WORDING
(1) Explain whether the wording in the mark “ALTO” has any meaning or significance in the trade or industry in which applicant’s goods and services are manufactured or provided, any meaning or significance as applied to applicant’s goods and services, or if such wording is a term of art within applicant’s industry.
(2) Explain whether the wording in the mark “ALTO” identifies a geographic place.
See 37 C.F.R. §2.61(b); TMEP §814.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
DESCRIPTION AMENDMENT REQUIRED – DESCRIPTION ACCURATE BUT INCOMPLETE
The following description is suggested, if accurate:
The mark consists of a circle with the internal lines that form the stylized word ALTO.
OPPORTUNITY TO RESPOND
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.
/Tricia Sonneborn/
Tricia Sonneborn
Trademark Examining Attorney – Law Office 110
United States Patent & Trademark Office
(571) 272-9225
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.