To: | Snyder, Nathan, B (mail@pandisciolaw.com) |
Subject: | U.S. Trademark Application Serial No. 88091720 - CARMA - SNYDER/TM-11 |
Sent: | July 17, 2019 07:14:31 AM |
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. 88091720
Mark: CARMA
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Correspondence Address:
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Applicant: Snyder, Nathan, B
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Reference/Docket No. SNYDER/TM-11
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: July 17, 2019
INTRODUCTION
This Office action is in response to Applicant’s communication on June 14, 2019.
Applicant must address all issue(s) raised in this Office action, in addition to the issues raised in the Office action dated December 14, 2018. The issue(s) raised in the previous December 14, 2018 Office action is/are as follow and is/are maintained:
SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION
· GENIUS KARMA, in standard characters, for “Financial services, namely, providing a virtual currency for use by members of an on-line community via a global computer network” in Class 36 (U.S. Registration No. 5597147)
· KARMA KOIN, in standard characters, for “Provision of virtual currency for use by members of an on-line community via a global computer network” in Class 36 (U.S. Registration No. 4234739)
Owned by the same registrant:
· CREDIT KARMA, with design, for “Providing financial advice and information related to loans” in Class 36 (U.S. Registration No. 5057486)
· CREDIT KARMA, in stylized font, for “Providing financial news and information in the fields of finance, loans and credit monitoring” in Class 36 (U.S. Registration No. 5413960)
Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq. See the previously attached registration(s).
Further, the following refusal(s) and/or requirement(s) have been withdrawn: Prior-Filed Application advisory for U.S. Application Serial Nos. 87870687 and 87869451. See TMEP §713.02.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: IDENTIFICATION AND CLASSIFICATION OF SERVICES – EXCEEDS SCOPE
Applicant must respond to all issues raised in this Office action and the previous December 14, 2018 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
NEW ISSUES:
IDENTIFICATION AND CLASSIFICATION OF SERVICES – EXCEEDS SCOPE
In this case, the application originally identified the goods and/or services as follows: “Currency trading; Financial services, namely, providing electronic transfer of a virtual currency for use by members of an on-line community via a global computer network”
However, the proposed amendment identifies the following goods and/or services: “providing rewards to individuals displaying the advertisements of others on their personal motor vehicles.”
This proposed amendment is beyond the scope of the original identification because, not only does the applicant amend the classification of the services, but the applicant completely changes the underlying nature of financial services to “providing rewards to individuals displaying the advertisements of others”. This is an impermissible amendment.
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.
How to respond. Click to file a response to this nonfinal Office action
/Philip Liu/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 109
(571) 272 - 6792
Philip.Liu@uspto.gov
RESPONSE GUIDANCE