UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 1/7/2019

 

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.

 

SUMMARY OF ISSUES:

• Prior-Filed Applications
• Section 2(d) Refusals – Likelihood of Confusion – Partial Refusals
• Identification of Goods and Services Requirement
• Multi-Class Application Requirements

 

Prior-Filed ApplicationS

 

The filing dates of pending U.S. Application Serial Nos. 87329415, 87400847, and 88023530 precede applicant’s filing date.  See attached referenced applications.  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

Upon receipt of applicant’s response resolving the following refusal(s) and requirement(s), action on this application will be suspended pending the disposition of U.S. Application Serial Nos. 87329415, 87400847, and 88023530.  37 C.F.R. §2.83(c); TMEP §§716.02(c), 1208.02(c).

 

Section 2(d) RefusalS – Likelihood of Confusion – PARTIAL REFUSALS

 

The stated refusals refer to the goods and/or services specifically noted below and does not bar registration for applicant’s other goods and/or services.

 

Registration of the applied-for mark is refused in part because of a likelihood of confusion with the marks in U.S. Registration Nos. 2821187, 3198829, 5424736, 5469964, and 5636673.  Trademark Act Section 2(d), 15 U.S.C. §1052(d); see TMEP §§1207.01 et seq.  See the attached registrations.

 

Trademark Act Section 2(d) bars registration of an applied-for mark that is so similar to a registered mark that it is likely consumers would be confused, mistaken, or deceived as to the commercial source of the goods and/or services of the parties.  See 15 U.S.C. §1052(d).  Likelihood of confusion is determined on a case-by-case basis by applying the factors set forth in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 1361, 177 USPQ 563, 567 (C.C.P.A. 1973) (called the “du Pont factors”).  In re i.am.symbolic, llc, 866 F.3d 1315, 1322, 123 USPQ2d 1744, 1747 (Fed. Cir. 2017).  Only those factors that are “relevant and of record” need be considered.  M2 Software, Inc. v. M2 Commc’ns, Inc., 450 F.3d 1378, 1382, 78 USPQ2d 1944, 1947 (Fed. Cir. 2006) (citing Shen Mfg. Co. v. Ritz Hotel Ltd., 393 F.3d 1238, 1241, 73 USPQ2d 1350, 1353 (Fed. Cir. 2004)); see In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1744 (TTAB 2018). 

 

Although not all du Pont factors may be relevant, there are generally two key considerations in any likelihood of confusion analysis:  (1) the similarities between the compared marks and (2) the relatedness of the compared goods and/or services.  See In re i.am.symbolic, llc, 866 F.3d at 1322, 123 USPQ2d at 1747 (quoting Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1164-65, 64 USPQ2d 1375, 1380 (Fed. Cir. 2002)); Federated Foods, Inc. v. Fort Howard Paper Co.,544 F.2d 1098, 1103, 192 USPQ 24, 29 (C.C.P.A. 1976) (“The fundamental inquiry mandated by [Section] 2(d) goes to the cumulative effect of differences in the essential characteristics of the goods [or services] and differences in the marks.”); TMEP §1207.01.

 

Comparison of the Marks

 

Marks are compared in their entireties for similarities in appearance, sound, connotation, and commercial impression.  Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1321, 110 USPQ2d 1157, 1160 (Fed. Cir. 2014) (quoting Palm Bay Imps., Inc. v. Veuve Clicquot Ponsardin Maison Fondee En 1772, 396 F.3d 1369, 1371, 73 USPQ2d 1689, 1691 (Fed. Cir. 2005)); TMEP §1207.01(b)-(b)(v).  “Similarity in any one of these elements may be sufficient to find the marks confusingly similar.”  In re Inn at St. John’s, LLC, 126 USPQ2d 1742, 1746 (TTAB 2018) (citing In re Davia, 110 USPQ2d 1810, 1812 (TTAB 2014)); TMEP §1207.01(b).

 

Applicant’s mark is “NEIGHBORLY” in stylized form with design elements.

 

The mark in Registration No. 2821187 is “NEIGHBORS MOVING & STORAGE” in typed drawing form.

 

The mark in Registration No. 3198829 is “NEIGHBORS” in standard character form.

 

The mark in Registration No. 5424736 is “NEIGHBORLY REALTY” in standard character form.

 

The mark in Registration No. 5469964 is “STAY NEIGHBORLY” in standard character form.

 

The mark in Registration No. 5636673 is “NEIGHBORLY” in standard character form.

 

Although marks are compared in their entireties, one feature of a mark may be more significant or dominant in creating a commercial impression.  See In re Detroit Athletic Co., 903 F.3d 1297, 1305, 128 USPQ2d 1047, 1050 (Fed. Cir. 2018) (citing In re Dixie Rests., 105 F.3d 1405, 1407, 41 USPQ2d 1531, 1533-34 (Fed. Cir. 1997)); TMEP §1207.01(b)(viii), (c)(ii).  Greater weight is often given to this dominant feature when determining whether marks are confusingly similar.  See In re Detroit Athletic Co., 903 F.3d at 1305, 128 USPQ2d at 1050 (citing In re Dixie Rests., 105 F.3d at 1407, 41 USPQ2d at 1533-34).

 

In this case, the dominant portion of applicant’s mark is the wording “NEIGHBORLY”, as it is the only wording in the mark and the remaining stylization and design elements in the mark are less significant for purposes of likelihood of confusion.  When evaluating a composite mark consisting of words and stylization and/or design, the word portion is normally accorded greater weight because it is likely to make a greater impression upon purchasers, be remembered by them, and be used by them to refer to or request the goods and/or services.  In re Aquitaine Wine USA, LLC, 126 USPQ2d 1181, 1184 (TTAB 2018) (citing In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012)); TMEP §1207.01(c)(ii).  Thus, although marks must be compared in their entireties, the word portion is often considered the dominant feature and is accorded greater weight in determining whether marks are confusingly similar, even where the word portion has been disclaimed.  In re Viterra Inc., 671 F.3d at 1366-67, 101 USPQ2d at 1911 (citing Giant Food, Inc. v. Nation’s Foodservice, Inc., 710 F.2d 1565, 1570-71, 218 USPQ2d 390, 395 (Fed. Cir. 1983)).

 

Comparison of Applicant’s Mark and the Marks in Registration Nos. 2821187 and 3198829

 

The dominant portion of applicant’s mark is the wording “NEIGHBORLY” and registrant’s marks either begin with or are solely comprised of the similar wording “NEIGHBORS”.  Marks may be confusingly similar in appearance where similar terms or phrases or similar parts of terms or phrases appear in the compared marks and create a similar overall commercial impression.  See Crocker Nat’l Bank v. Canadian Imperial Bank of Commerce, 228 USPQ 689, 690-91 (TTAB 1986), aff’d sub nom. Canadian Imperial Bank of Commerce v. Wells Fargo Bank, Nat’l Ass’n, 811 F.2d 1490, 1495, 1 USPQ2d 1813, 1817 (Fed. Cir. 1987) (finding COMMCASH and COMMUNICASH confusingly similar); In re Corning Glass Works, 229 USPQ 65, 66 (TTAB 1985) (finding CONFIRM and CONFIRMCELLS confusingly similar); In re Pellerin Milnor Corp., 221 USPQ 558, 560 (TTAB 1983) (finding MILTRON and MILLTRONICS confusingly similar); TMEP §1207.01(b)(ii)-(iii).

 

Further, the remaining wording in the mark in Registration No. 2821187, namely, “MOVING & STORAGE” is less significant for purposes of likelihood of confusion because it has been disclaimed.  Disclaimed matter that is descriptive of or generic for a party’s goods and/or services is typically less significant or less dominant when comparing marks.  In re Detroit Athletic Co., 903 F.3d 1297, 1305, 128 USPQ2d 1047, 1050 (Fed. Cir. 2018) (citing In re Dixie Rests., Inc., 105 F.3d 1405, 1407, 41 USPQ2d 1531, 1533-34 (Fed. Cir. 1997)); TMEP §1207.01(b)(viii), (c)(ii).

 

Accordingly, applicant’s mark and the marks in Registration Nos. 2821187 and 3198829 are confusingly similar.

 

Comparison of Applicant’s Mark and the Marks in Registration Nos. 5424736 and 5469964

 

The dominant portion of applicant’s mark is the wording “NEIGHBORLY” and registrants’ marks contain the identical wording “NEIGHBORLY”.  Because of this shared identical wording, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrants’ respective goods and/or services.  See In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017).

 

In addition, here applicant has merely deleted matter from registrants’ marks.  However, although applicant’s mark does not contain the entirety of the registered marks, applicant’s mark is likely to appear to prospective purchasers as a shortened form of registrants’ marks.  See In re Mighty Leaf Tea, 601 F.3d 1342, 1348, 94 USPQ2d 1257, 1260 (Fed. Cir. 2010) (quoting United States Shoe Corp., 229 USPQ 707, 709 (TTAB 1985)).  Thus, merely omitting some of the wording from a registered mark may not overcome a likelihood of confusion.  See In re Mighty Leaf Tea, 601 F.3d 1342, 94 USPQ2d 1257; In re Optica Int’l, 196 USPQ 775, 778 (TTAB 1977); TMEP §1207.01(b)(ii)-(iii).  In this case, applicant’s mark does not create a distinct commercial impression from the registered marks because it contains some of the wording in the registered marks and does not add any wording that would distinguish it from those marks.

 

Accordingly, applicant’s mark is confusingly similar with the marks in Registration Nos. 5424736 and 5469964.

 

Comparison of Applicant’s Mark and the Marks in Registration No. 5636673

 

The wording in applicant’s mark and the mark in Registration No. 5636673 is identical.  Further, the registered mark is solely comprised of this shared, identical wording.  Thus, the dominant word portions of these marks are identical in appearance, sound, and meaning, “and have the potential to be used . . . in exactly the same manner.”  In re i.am.symbolic, llc, 116 USPQ2d 1406, 1411 (TTAB 2015), aff’d, 866 F.3d 1315, 123 USPQ2d 1744 (Fed. Cir. 2017).  Additionally, because of this shared identical and dominant wording, these marks are likely to engender the same connotation and overall commercial impression when considered in connection with applicant’s and registrant’s respective goods and/or services.  Id.

 

Therefore, applicant’s mark and the mark in Registration No. 5636673 are confusingly similar.

 

Comparison of the Goods/Services

 

The goods and/or services are compared to determine whether they are similar, commercially related, or travel in the same trade channels.  See Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369-71, 101 USPQ2d 1713, 1722-23 (Fed. Cir. 2012); Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1165, 64 USPQ2d 1375, 1381 (Fed. Cir. 2002); TMEP §§1207.01, 1207.01(a)(vi).

 

Applicant identifies the following goods and services of relevance to this action:

 

Class 16:         Printed publications, namely, newsletters for franchisees and their associates in the fields of … real estate management services ….

 

Class 35:         …. franchise services, namely, offering business management assistance in the establishment and operation of … real estate management services ….

 

Class 36:         Real estate management services; assessment and management of real estate; real estate management consultation; real estate management services; real estate rental services, namely, rental of residential housing; real estate service, namely, rental property management; real estate services, namely, property management services for condominium associations, homeowner associations and apartment buildings; real estate services, namely, rental, brokerage, leasing and management of commercial property, offices and office space

 

Class 39:         Storage of outdoor décor and decorative electrical lighting; consulting in the field of storage of outdoor décor and decorative electrical lighting; junk, trash and debris removal

 

Class 41:         Providing a website featuring blogs and non-downloadable publications in the nature of articles in the fields of … money management … [and] real estate management services ….

 

Registration No. 2821187 identifies the following services:

 

            Class 39:         Moving van services; storage of furniture and household goods.

 

Registration No. 3198829 identifies the following services:

 

            Class 39:         Moving van services; Storage of furniture and household goods.

 

Registration No. 5424736 identifies the following services:

 

            Class 36:         Real estate brokerage.

 

Registration No. 5469964 identifies the following services:

 

Class 41:         Providing online resource guides in the field of compliance with local property regulations

 

Class 45:         Providing regulatory compliance information in the field of local property regulations; Providing educational websites featuring information in the field of compliance with local property regulations.

 

Registration No. 5636673 identifies the following services:

 

Class 36:         Agency services in the field of bonds and other securities; investment advice, investment management, investment consultation and investment of funds for others related to government bonds and other financial instruments; Financial services, namely, facilitation and administration of transactions in the nature of assisting others with the completion of financial transactions for government bonds or other types of financial investments; Providing a web site featuring information on government bonds and other financial instruments; Transfer agency services rendered to issuers of government bonds and other financial instruments for the purpose of connecting with underwriters, bidders, purchasers, and/or subsequent sellers of such bonds and financial instruments; Financial consulting and advisory services

 

Class 41:         Educational services, namely, providing classes, seminars, conferences, workshops, webinars and publication of white papers, all in the field of government bonds and other financial instruments

 

Class 42:         Providing temporary use of on-line non-downloadable software and software platforms for the purpose of connecting issuers of government bonds and other financial instruments with underwriters, bidders, purchasers, and/or subsequent sellers of such bonds and financial instruments, and for enabling business transactions between such parties.

 

When analyzing an applicant’s and registrant’s goods and/or services for similarity and relatedness, that determination is based on the description of the goods and/or services in the application and registration at issue, not on extrinsic evidence of actual use.  See Stone Lion Capital Partners, LP v. Lion Capital LLP, 746 F.3d 1317, 1323, 110 USPQ2d 1157, 1162 (Fed. Cir. 2014) (quoting Octocom Sys. Inc. v. Hous. Computers Servs. Inc., 918 F.2d 937, 942, 16 USPQ2d 1783, 1787 (Fed. Cir. 1990)). 

 

Additionally, the goods and/or services of the parties have no restrictions as to nature, type, channels of trade, or classes of purchasers and are “presumed to travel in the same channels of trade to the same class of purchasers.”  In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012) (quoting Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1268, 62 USPQ2d 1001, 1005 (Fed. Cir. 2002)). 

 

In this case, applicant’s services, “Storage of outdoor décor and decorative electrical lighting”, are identical to, encompass, or are encompassed by the storage services in Registration Nos. 5424736 and 5469964.  Further, applicant’s services, “Real estate management services; assessment and management of real estate; real estate management consultation; real estate management services; … real estate services, namely, rental, brokerage, leasing and management of commercial property, offices and office space” are identical to, encompass, or are encompassed by the real estate brokerage services in in Registration No. 5424736.  Therefore, it is presumed that the channels of trade and class(es) of purchasers are the same for these services.  See Cai v. Diamond Hong, Inc., __ F.3d __, 27 USPQ2d 1797, 1801 (Fed. Cir. 2018) (quoting In re Viterra Inc., 671 F.3d 1358, 1362, 101 USPQ2d 1905, 1908 (Fed. Cir. 2012)).  Thus, these services of applicant and registrants services are related for purposes of likelihood of confusion.  

 

However, the compared goods and/or services need not be identical or even competitive to find a likelihood of confusion.  See On-line Careline Inc. v. Am. Online Inc., 229 F.3d 1080, 1086, 56 USPQ2d 1471, 1475 (Fed. Cir. 2000); Recot, Inc. v. Becton, 214 F.3d 1322, 1329, 54 USPQ2d 1894, 1898 (Fed. Cir. 2000); TMEP §1207.01(a)(i).  They need only be “related in some manner and/or if the circumstances surrounding their marketing are such that they could give rise to the mistaken belief that [the goods and/or services] emanate from the same source.”  Coach Servs., Inc. v. Triumph Learning LLC, 668 F.3d 1356, 1369, 101 USPQ2d 1713, 1722 (Fed. Cir. 2012) (quoting 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1724 (TTAB 2007)); TMEP §1207.01(a)(i).

 

Here, the trademark examining attorney has attached evidence from the USPTO’s X-Search database consisting of a number of third-party marks registered for use in connection with the same or similar goods and/or services as those of both applicant and registrant in this case.  This evidence shows that the goods and/or services listed therein are of a kind that may emanate from a single source under a single mark.  Specifically, this evidence shows that the following goods and/or services, as well as similar goods and/or services, are likely to emanate from the same source:   

 

• Applicant’s Class 39 services and the services in Registration Nos. 2821187 and 3198829;
• Applicant’s Class 36 services, applicant’s Class 35 franchising services involving real estate management, and applicant’s real estate-related publications and/or information services in Classes 16 and 41, on the one hand, and the real estate brokerage services in Registration No. 5424736, on the other hand;
• Applicant’s money management publications and information services in Class 41 and various financial services in Registration No. 5469964; and
• Applicant’s real estate-related publications and/or information services in Classes 16 and 41 and the property regulation publications and information services in Registration No. 5636673.

 

See In re I-Coat Co., 126 USPQ2d 1730, 1737 (TTAB 2018) (citing In re Infinity Broad. Corp., 60 USPQ2d 1214, 1217-18 (TTAB 2001); In re Albert Trostel & Sons Co.,29 USPQ2d 1783, 1785-86 (TTAB 1993); In re Mucky Duck Mustard Co., 6 USPQ2d 1467, 1470 n.6 (TTAB 1988)); TMEP §1207.01(d)(iii).

 

Accordingly, applicant’s goods and/or services are related to registrants’ goods and/or services.

 

Conclusion

 

The overriding concern is not only to prevent buyer confusion as to the source of the goods and/or services, but to protect the registrant from adverse commercial impact due to use of a similar mark by a newcomer.  See In re Shell Oil Co., 992 F.2d 1204, 1208, 26 USPQ2d 1687, 1690 (Fed. Cir. 1993).  Therefore, any doubt regarding a likelihood of confusion determination is resolved in favor of the registrant.  TMEP §1207.01(d)(i); see Hewlett-Packard Co. v. Packard Press, Inc., 281 F.3d 1261, 1265, 62 USPQ2d 1001, 1003 (Fed. Cir. 2002); In re Hyper Shoppes (Ohio), Inc., 837 F.2d 463, 464-65, 6 USPQ2d 1025, 1026 (Fed. Cir. 1988).

 

For the reasons discussed above, registration of the applied-for mark is refused in part under Section 2(d) of the Trademark Act. 

 

Response Options

 

Again, please note that the stated refusals only apply to the following goods and/or services: 

 

Class 16:         Printed publications, namely, newsletters for franchisees and their associates in the fields of … real estate management services ….

 

Class 35:         …. franchise services, namely, offering business management assistance in the establishment and operation of … real estate management services ….

 

Class 36:         Real estate management services; assessment and management of real estate; real estate management consultation; real estate management services; real estate rental services, namely, rental of residential housing; real estate service, namely, rental property management; real estate services, namely, property management services for condominium associations, homeowner associations and apartment buildings; real estate services, namely, rental, brokerage, leasing and management of commercial property, offices and office space

 

Class 39:         Storage of outdoor décor and decorative electrical lighting; consulting in the field of storage of outdoor décor and decorative electrical lighting; junk, trash and debris removal

 

Class 41:         Providing a website featuring blogs and non-downloadable publications in the nature of articles in the fields of … money management … [and] real estate management services ….

 

Applicant may respond to the stated refusal(s) by submitting evidence and arguments against the refusal(s).  In addition, applicant may respond by doing one of the following:

 

(1)  Deleting the goods and/or services to which the refusal(s) pertain(s);

 

(2)  Filing a request to divide out the goods and/or services that have not been refused registration, so that the mark may proceed toward publication for opposition for those goods or services to which the refusal does not pertain.  See 37 C.F.R. §2.87.  See generally TMEP §§1110 et seq. (regarding the requirements for filing a request to divide).  If applicant files a request to divide, then to avoid abandonment, applicant must also file a timely response to all outstanding issues in this Office action, including the refusal.  37 C.F.R. §2.87(e).; or

 

(3)  Amending the basis for the goods and/or services identified in the refusal(s), if appropriate.  TMEP §806.03(h).  (The basis cannot be changed for applications filed under Trademark Act Section 66(a).  TMEP §1904.01(a).)

 

However, if applicant responds to the refusal(s), applicant must also respond to the requirement(s) set forth below.

 

IDENTIFICATION OF GOODS AND SERVICES REQUIREMENT

 

The identification of goods and services must be clarified because it is indefinite, overbroad, and/or otherwise unacceptable.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

General Guidelines

 

Applicant must correct the punctuation in the identification to clarify the individual items in the list of goods and/or services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01(a).  Proper punctuation in identifications is necessary to delineate explicitly each product or service within a list and to avoid ambiguity.  Commas, semicolons, and apostrophes are the only punctuation that should be used in an identification of goods and/or services.  TMEP §1402.01(a).  An applicant should not use colons, periods, exclamation points, and question marks in an identification.  Id.  In addition, applicants should not use symbols in the identification such as asterisks (*), at symbols (@), or carets.  Id.

 

In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo).  Id.  Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners).  Id. 

 

Class 35

 

The wording “franchise services, namely, offering business management assistance in the establishment and operation of residential heating and air conditioning, painting, glass repair and installation, maid and laundry, appliance repair, electrical, home repair and general maintenance, plumbing and drain, carpet, upholstery and drapery cleaning and odor removal, mold inhibition, lawn care and landscaping, window cleaning and protection, pressure washing, gutter cleaning, real estate management services, commercial and residential pipe inspection services for the detection of leaks and design, installation, maintenance, repair of outdoor décor and decorative electrical lighting services and window and door installation services” in the identification of services is indefinite and must be clarified because the exact nature of these services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

Applicant may substitute the following wording, if accurate: “franchise services, namely, offering business management assistance in the establishment and operation of businesses specializing in residential heating and air conditioning, painting, glass repair and installation, maid and laundry services, appliance repair, electrical services, home repair and general maintenance, plumbing and drain services, carpet, upholstery and drapery cleaning and odor removal, mold inhibition services, lawn care and landscaping, window cleaning and protection, pressure washing, gutter cleaning, real estate management services, commercial and residential pipe inspection services for the detection of leaks, design, installation, maintenance, and repair of outdoor décor and decorative electrical lighting, and window and door installation services”.

 

The wording “cooperative buying services provided for others in the field of HVAC equipment and supplies” in the identification of services is indefinite and must be clarified because the nature of these services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “Business services, namely, cooperative purchasing services provided for others in the field of HVAC equipment and supplies”.

 

Class 36

 

The second occurrence of the wording “real estate management services” is repetitive and should be removed.

 

Class 37

 

Applicant must clarify the wording “residential, commercial and industrial painting services” because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because the purpose and nature of the services are unclear.  Further, this wording could identify services in more than one international class.  For example, “painting contractor services” are in International Class 37 and “mural art painting services” are in International Class 41.  If referring to services in International Class 37, applicant may substitute the following wording, if accurate:  “residential, commercial and industrial painting services, namely, painting contractor services”. 

 

The wording “concrete cleaning services” is indefinite and must be clarified because the nature of the services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “concrete cleaning services, namely, concrete polishing”.

 

The wording “installation, repair and replacement of glass in buildings and vehicles” in the identification of services is indefinite and must be clarified because the nature of the glass being installed, repaired, and replaced is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: “installation, repair and replacement of glass windows and doors in buildings and glass windows and windshields in vehicles”.

 

Applicant must clarify the wording “installation and repair of household appliances, electrical, freezing and heating equipment”, “installation, repair and refurbishment of all types of appliances”, “electrical repair, maintenance and installation services”, “installation, maintenance, and repair of outdoor décor and decorative electrical lighting”, and “consulting in the fields of installation, maintenance, and repair of outdoor décor and decorative electrical lighting” because it is indefinite.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01.  This wording is indefinite because it does not make clear what the underlying goods that are the subject of the services are.

 

The following wording and guidance are suggested, if accurate:  “installation and repair of household electrical appliances, electrical {specify nature of electrical equipment being installed and repaired, e.g., wiring, outlets, light fixtures, and electrical panels}, freezing equipment, and heating equipment”, “installation, repair and refurbishment of electrical appliances”, “electrical repair, maintenance and installation services, namely, electrical repair, maintenance and installation of {specify nature of electrical equipment being installed and repaired, e.g., electrical systems}”, “installation, maintenance, and repair of {indicate specific item(s) referred to as “outdoor décor”, e.g., patio furniture} and decorative electrical lighting”, and “consulting in the fields of installation, maintenance, and repair of {indicate specific item(s) referred to as “outdoor décor”, e.g., patio furniture} and decorative electrical lighting”.

 

The wording “home repair and general maintenance services” is indefinite and must be clarified because the exact nature of the services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  home repair and home general maintenance services, namely, repair and maintenance of buildings”.

 

The wording “installation services” is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not specify what is being installed.   Further, this wording could identify services in more than one international class.  For example, “Installation of kitchen appliances” is in International Class 37 and “Installation of computer software” is in International Class 42, and “Horticultural services, namely, installing sod” is in International Class 44.  If referring to services in International Class 42, the following wording and guidance is suggested, if accurate:  “installation of {specify tangible goods being installed consistent with parameters of Class 37, e.g., kitchen appliances}”. 

 

The wording “commercial and residential plumbing, sewer, grease trap and drain cleaning services” in the identification of services is indefinite and must be clarified because, as written, the exact nature of the services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “commercial and residential plumbing services; sewer cleaning services; grease trap cleaning services; drain cleaning services”.

 

The wording “carpet, upholstery and drapery cleaning, and spot and stain removal services, air-duct cleaning services, disaster restoration services, namely, restoring building interiors, carpet and furnishings damaged by fire, water, smoke and other disasters” in the identification of services is indefinite and must be clarified because the nature of each of the listed services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “cleaning services, namely, cleaning and spot and stain removal of carpet, upholstery, and drapery; air-duct cleaning services; building and furniture restoration services, namely, restoring building interiors, carpet and furnishings damaged by fire, water, and natural disasters”.

 

The wording “carpet repair services, commercial and residential building cleaning services” in the identification of services is indefinite and must be clarified because “carpet repair” does not clearly describe the nature of these services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: “carpet repair services in the nature of carpet cleaning and installation; commercial and residential building cleaning services”.

 

The wording “providing carpet and upholstery dyeing, tinting and colorizing services” is indefinite and must be clarified because the nature of these services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Further, these services, which appear to be mainly dyeing services, are properly classified in International Class 40.  Therefore, applicant may respond by (1) clarifying and reclassifying these services in International Class 40 or (2) deleting this wording from the application.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.  If applicant chooses to clarify this wording and reclassify these services in International Class 40, the following wording is suggested: “dyeing services, namely, dyeing of carpet and upholstery”.

 

The wording “window cleaning, application of protective window film for residential and commercial buildings and structures, pressure washing, and gutter cleaning services” in the identification of services is indefinite and must be clarified because the nature of each of the listed services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: “window cleaning; application of protective window film for residential and commercial buildings and structures, namely, glazing of windows; pressure washing services; gutter cleaning services”.

 

Applicant must clarify the wording “installation of windows, screens, glass doors, greenhouses, garage and overhead doors, porch enclosures, patio doors, tub and shower enclosures, automobile glass and replacement glass for commercial and residential buildings” because it is indefinite.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01.  This wording is indefinite because it does not make clear what the underlying goods that are the subject of the services are.  Applicant may substitute the following wording, if accurate:  “installation services, namely, installation of windows, window screens and door screens, glass doors, greenhouses, garage and overhead doors, porch enclosures, patio doors, bathtub and shower enclosures, automobile glass, and replacement glass for commercial and residential buildings”.

 

Class 39

 

The wording “Storage of outdoor décor and decorative electrical lighting” and “consulting in the field of storage of outdoor décor and decorative electrical lighting” is indefinite and must be clarified because the exact nature of these services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend the identification to specify the common commercial or generic name of the services.  See TMEP §1402.01.  If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses.  See id.  Applicant may adopt the following wording, if accurate:  “Storage of outdoor décor and decorative electrical lighting, namely, storage of goods” and “consulting in the field of storage of outdoor décor and decorative electrical lighting, namely, consulting in the field of storage of goods”.

 

Class 40

 

The wording “Carpet, upholstery and drapery odor removal services” in the identification of services is indefinite and must be clarified because the nature of the services is not clear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the services.  See TMEP §1402.01.  If the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language.  See id.  Applicant may substitute the following wording, if accurate:  “Carpet, upholstery and drapery odor removal services, namely, odor neutralization services”.

 

Applicant must clarify the wording “mold inhibition services of buildings and their contents” because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the goods and/or services are.  Further, this wording could identify goods and/or services in more than one international class.  For example, “mold remediation services” are in International Class 40 and “inspecting buildings for the existence of mold” is in International Class 42.  If referring to services in International Class 40, applicant may substitute the following wording, if accurate:  “mold remediation services, namely, mold remediation services for buildings and their contents”.  If referring to services in International Class 42, applicant may substitute the following wording, if accurate:  “inspecting buildings for the existence of mold”. 

 

Class 42

 

Applicant must clarify the wording “inspection services, namely, inspections inside and outside of commercial buildings, residential buildings and pipes for the detection of leaks” because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not indicate the purpose(s) of the services.  Further, this wording could identify services in more than one international class.  For example, “Home inspection services” and “inspection services involving detection of leaks are in International Class 42, “Building inspection in the course of building construction” is in International Class 37, and “Inspection of factories for safety purposes” is in International Class 45.  If referring to services in International Class 42 the following wording and guidance is suggested, if accurate:  “home inspection services for purposes of {indicate purpose of home inspection, e.g., home repair, restoration, renovation, etc.}; inspection services, namely, detection of leaks in pipes”.  If referring to services in International Class 37, applicant may substitute the following wording, if accurate:  “building inspection of commercial and residential buildings in the course of building construction”.  If referring to services in International Class 45, applicant may substitute the following wording, if accurate:  “Inspection of factories for safety purposes”. 

 

The wording “design of outdoor décor and decorative electrical lighting pertaining to commercial and residential applications” and “consulting in the field of design of outdoor décor and decorative electrical lighting” in the identification of services is indefinite and must be clarified because the nature of the services is not clear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to clarify the purpose of these services as well as the goods that these design services pertain to.  If accurate, applicant may adopt the following wording: “new product design services, namely, design of {specify common commercial name of products previously identified as “outdoor décor”, e.g., patio furniture”} and decorative electrical lighting pertaining to commercial and residential applications; consulting in the field of new product design, namely, consulting in the field of design of design of {specify common commercial name of products previously identified as “outdoor décor”, e.g., patio furniture”} and decorative electrical lighting pertaining to commercial and residential applications”.

 

Class 44

 

The wording “lawn mowing and trimming services” is indefinite and must be clarified because the nature of these services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “lawn mowing and lawn trimming services namely, lawn care services”.

 

Finally, the wording “horticultural services, namely, installing sod and lawn and vegetation fertilization and treatment” in the identification of services is indefinite and must be clarified because the nature of the services described as “lawn and vegetation fertilization and treatment” is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: “horticultural services, namely, installing sod; lawn and vegetation fertilization and treatment, namely, application of fertilizer and agricultural chemicals for others”.

 

Applicant may adopt the following identification, if accurate:

 

Class 16:         Printed publications, namely, newsletters for franchisees and their associates in the fields of residential heating and air conditioning, painting, glass repair and installation, maid and laundry, appliance repair, electrical, home repair and general maintenance, plumbing and drain, carpet, upholstery and drapery cleaning and odor removal, mold inhibition, lawn care and landscaping, window cleaning and protection, pressure washing, gutter cleaning, real estate management services, commercial and residential pipe inspection services for the detection of leaks and design, installation, maintenance, repair of outdoor décor and decorative electrical lighting services, and window and door installation services

 

Class 35:         Information services, namely, providing consumer information to homeowners about service providers available for home repair projects and home maintenance projects; providing client referral programs for commercial and residential plumbing service, electrical service, appliance service, glass repair and installation service, heating and air conditioning service; providing client referral programs for disaster restoration service, namely, restoring building interiors, carpet and furnishings damaged by fire, water, smoke and other disasters and commercial and residential building cleaning and mold prevention service and carpet, upholstery and drapery cleaning, spot, and stain removal service; providing client referral programs for carpet, drapery and upholstery deodorizing service; providing client referral programs for professional lawn and grounds care service; providing client referral programs for residential, commercial, and industrial painting services; providing client referral programs for gutter installation and repair services, pressure washing services, concrete cleaning services, and carpentry services; providing client referral programs for home repair and general maintenance services; providing client referral programs for residential and commercial cleaning services, including temporary maid services; franchise services, namely, offering business management assistance in the establishment and operation of businesses specializing in residential heating and air conditioning, painting, glass repair and installation, maid and laundry services, appliance repair, electrical services, home repair and general maintenance, plumbing and drain services, carpet, upholstery and drapery cleaning and odor removal, mold inhibition services, lawn care and landscaping, window cleaning and protection, pressure washing, gutter cleaning, real estate management services, commercial and residential pipe inspection services for the detection of leaks, design, installation, maintenance, and repair of outdoor décor and decorative electrical lighting, and window and door installation services; Business services, namely, cooperative purchasing services provided for others in the field of HVAC equipment and supplies

 

Class 36:         Real estate management services; assessment and management of real estate; real estate management consultation; real estate rental services, namely, rental of residential housing; real estate service, namely, rental property management; real estate services, namely, property management services for condominium associations, homeowner associations and apartment buildings; real estate services, namely, rental, brokerage, leasing and management of commercial property, offices and office space

 

Class 37:         Installation, maintenance and repair of heating and air conditioning equipment; residential, commercial and industrial painting services, namely, painting contractor services; pressure washing services; concrete cleaning services, namely, concrete polishing; carpentry services; installation, repair and replacement of glass windows and doors in buildings and glass windows and windshields in vehicles; maid services; cleaning of residential and commercial premises; ironing and cleaning of clothing; laundry services; installation and repair of household electrical appliances, electrical {specify nature of electrical equipment being installed and repaired, e.g., wiring, outlets, light fixtures, and electrical panels}, freezing equipment, and heating equipment; kitchen equipment installation; installation, repair and refurbishment of electrical appliances; electrical repair, maintenance and installation services, namely, electrical repair, maintenance and installation of {specify nature of electrical equipment being installed and repaired, e.g., electrical systems}; home repair and home general maintenance services, namely, repair and maintenance of buildings; building construction; installation of {specify tangible goods being installed consistent with parameters of Class 37, e.g., kitchen appliances}; commercial and residential plumbing services; sewer cleaning services; grease trap cleaning services; drain cleaning services; cleaning services, namely, cleaning and spot and stain removal of carpet, upholstery, and drapery; air-duct cleaning services; building and furniture restoration services, namely, restoring building interiors, carpet and furnishings damaged by fire, water, and natural disasters; carpet repair services in the nature of carpet cleaning and installation; commercial and residential building cleaning services; window cleaning; application of protective window film for residential and commercial buildings and structures, namely, glazing of windows; pressure washing services; gutter cleaning services; installation, maintenance, and repair of {indicate specific item(s) referred to as “outdoor décor”, e.g., patio furniture} and decorative electrical lighting; consulting in the fields of installation, maintenance, and repair of {indicate specific item(s) referred to as “outdoor décor”, e.g., patio furniture} and decorative electrical lighting; installation services, namely, installation of windows, window screens and door screens, glass doors, greenhouses, garage and overhead doors, porch enclosures, patio doors, bathtub and shower enclosures, automobile glass, and replacement glass for commercial and residential buildings; building construction and repair; building construction services; building inspection; building maintenance and repair; cleaning of buildings; construction consultancy; general building contractor services; land development services, namely, planning and laying out of commercial buildings; Residential and building construction consulting; snow removal services; building inspection of commercial and residential buildings in the course of building construction

 

Class 39:         Storage of outdoor décor and decorative electrical lighting, namely, storage of goods; consulting in the field of storage of outdoor décor and decorative electrical lighting, namely, consulting in the field of storage of goods; junk, trash and debris removal

 

Class 40:         Carpet, upholstery and drapery odor removal services, namely, odor neutralization services; mold remediation services, namely, mold remediation services for buildings and their contents; dyeing services, namely, dyeing of carpet and upholstery

 

Class 41:         Providing a website featuring blogs and non-downloadable publications in the nature of articles in the fields of home entertainment, design and décor, money management, residential heating and air conditioning, painting, glass repair and installation, maid and laundry, appliance repair, electrical, home repair and general maintenance, plumbing and drain, carpet, upholstery and drapery cleaning and odor removal, mold inhibition, lawn care and landscaping, window cleaning and protection, pressure washing, gutter cleaning, real estate management services, commercial and residential pipe inspection services for the detection of leaks and design, installation, maintenance, repair of outdoor décor and decorative electrical lighting services, and window and door installation

 

Class 42:         Temporary electronic storage of information relating to service providers used by homeowners for household tasks, home repair projects and home maintenance projects; providing temporary use of on-line non-downloadable software for use by homeowners to manage and track household tasks, home repair projects and home maintenance projects; inspection services, namely, home inspection services for purposes of {indicate purpose of home inspection, e.g., home repair, restoration, renovation, etc.}; inspection services, namely, detection of leaks in pipes; new product design services, namely, design of {specify common commercial name of products previously identified as “outdoor décor”, e.g., patio furniture”} and decorative electrical lighting pertaining to commercial and residential applications; consulting in the field of new product design, namely, consulting in the field of design of design of {specify common commercial name of products previously identified as “outdoor décor”, e.g., patio furniture”} and decorative electrical lighting pertaining to commercial and residential applications; inspecting buildings for the existence of mold

           

Class 44:         Lawn care; lawn mowing and lawn trimming services namely, lawn care services; tree care services; landscape design; landscape gardening; horticultural services, namely, installing sod; lawn and vegetation fertilization and treatment, namely, application of fertilizer and agricultural chemicals for others

 

Class 45:        Inspection of factories for safety purposes

 

Stylized text indicates changes.

 

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.

 

Multi-Class Application Requirements

 

The application identifies goods and/or services that are classified in more than 9 classes; however, applicant submitted a fee(s) sufficient for only 9 class(es).  In a multiple-class application, a fee for each class is required.  37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.

 

Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in more than 9 classes; however, applicant submitted a fee(s) sufficient for only 9 class(es).  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

RESPONSE GUIDELINES

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

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 e-mail technical questions to TEAS@uspto.gov.

 

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.  

 

 

/Matthew Tully/

Matthew Tully

Trademark Examining Attorney

Law Office 105

(571) 270-5943

matthew.tully@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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 1/7/2019 FOR U.S. APPLICATION SERIAL NO. 88110936

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 1/7/2019 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.