To: | B2LiNK Inc. (yshtrademarkgroup@ipfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88142644 - UMMA - 6028-0012TM |
Sent: | October 21, 2019 06:09:33 PM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88142644
Mark: UMMA
|
|
Correspondence Address: |
|
Applicant: B2LiNK Inc.
|
|
Reference/Docket No. 6028-0012TM
Correspondence Email Address: |
|
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: October 21, 2019
This Office Action is in response to applicant’s correspondence dated 9/21/19.
The following requirement(s) have been satisfied and are now withdrawn: 1) Foreign Registration.
TMEP §714.04.
Applicant should note the following:
New Issue - Particular Goods/Services Exceed Scope of Foreign Registration
In this case, the U.S. application identifies the particular goods and/or services as follows in Class 42: “Development of programmes for data processing; Rental of a database server to third parties; Web site design; Development and maintenance of web sites; Providing a website featuring information in the field of business technology, commercial analysis, commercial transactions, electronic commerce; Rental of application software; Provision of Internet search engines; Conversion of data or documents from physical to electronic media; Constructing an internet platform for electronic commerce.”
However, the foreign registration does not include “Providing a website featuring information in the field of business technology, commercial analysis, commercial transactions, electronic commerce.” These services in the U.S. application exceed the scope of the goods and/or services in the foreign registration because these services are not listed in the foreign registration. Thus, these goods and/or services in the U.S. application are not acceptable and may not be amended to correspond with the goods and/or services in the foreign registration.
Applicant may respond to this issue by satisfying one of the following:
(1) Amending the identification of goods and/or services in the U.S. application to correspond to the goods and/or services in the foreign registration, if possible, to ensure that all goods and/or services beyond the scope of the foreign registration are deleted from the U.S. application; or
(2) Substituting a basis under Section 1(a) or 1(b) for those goods and/or services in the U.S. application that are beyond the scope of the foreign registration. An applicant may assert more than one basis in an application (except Section 1(a) and 1(b) may not be asserted for the same goods and/or services), provided all requirements are satisfied for each claimed basis.
See 15 U.S.C. §§1051(a)-(b), 1126; 37 C.F.R. §§2.32(a)(6), 2.34(b), 2.35(b); Marmark Ltd. v. Nutrexpa S.A., 12 USPQ2d 1843, 1845 (TTAB 1989); TMEP §§806.02, 806.03(h), 1402.01(b).
Additionally, applicant may respond by arguing that these goods and/or services are within the scope of the foreign registration and should remain in the U.S. application.
Identification - Indefinite
The requirement for a clear and definite identification is continued.
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
/Tejbir Singh/
Trademark Attorney
Law Office 106
571-272-5878
571-273-9106 (fax)
Tejbir.Singh@uspto.gov
RESPONSE GUIDANCE