To: | ICP Construction, Inc. (ip@fredlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88161725 - MASTERWORKS - N/A |
Sent: | February 14, 2020 04:47:39 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. 88161725
Mark: MASTERWORKS
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Correspondence Address: 200 SOUTH 6TH STREET, SUITE 4000
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Applicant: ICP Construction, Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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FINAL OFFICE ACTION
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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: February 14, 2020
This Office Action is in response to applicant’s correspondence dated 1/30/20.
The following requirement(s) have been satisfied and are now withdrawn: 1) Section 2(d) refusal, and 2) Significance of the Wording.
TMEP §714.04.
The following refusal and/or requirements are now made FINAL: 1) Identification.
37 C.F.R. §2.64(a).
Identification
The requirement for an acceptable identification is continued.
In this case, the application originally identified the goods and/or services as follows: “Dealer and contractor services in the paints, coatings, environmental remediation and construction industries, namely, loyalty program services, training services, technical assistance, design and specification services, and field support services.”
However, the proposed amendment identifies the following goods and/or services: “Technical support services directed to dealers and contractors, namely, providing technical advice and consultation in the fields of paints, coatings, environmental remediation and construction,” and “Educational services, namely, providing training and information to dealers and contractors concerning the application of paints and coatings, environmental remediation practices and construction industry practices.”
This proposed amendment is beyond the scope of the original identification. The original identification did not include “consultation” services, and applicant has broadened the identification by adding this wording. The original identification did not include “information” services, and applicant has broadened the identification by adding this wording.
Class 37 –
Technical support services directed to dealers and contractors, namely, providing technical advice related to the application of paints and coatings, and technical advisory services relating to the construction of buildings;
Class 40 –
Technical support services directed to dealers and contractors, namely, providing technical advice related to environmental remediation services in the nature of mold remediation, and technical advice in the field of environmental remediation services in the nature of treatment of waste and water;
Class 41 –
Educational services, namely, providing training to dealers and contractors concerning the application of paints and coatings, environmental remediation practices and construction industry practices;
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.
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 request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
/Tejbir Singh/
Trademark Attorney
Law Office 106
571-272-5878
571-273-9106 (fax)
Tejbir.Singh@uspto.gov
RESPONSE GUIDANCE