To: | FILMIO, INC. (mail@noli-ipsolutions.com) |
Subject: | U.S. Trademark Application Serial No. 88200054 - GO SCORE - FO18005USTM |
Sent: | April 13, 2020 11:27:28 AM |
Sent As: | ecom130@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88200054
Mark: GO SCORE
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Correspondence Address:
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Applicant: FILMIO, INC.
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Reference/Docket No. FO18005USTM
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: April 13, 2020
This Office action is in response to applicant’s communication filed on 3.17.2020.
In a previous Office action, the trademark examining attorney refused registration of the applied-for mark based on the following: failure to show the applied-for mark in use in commerce with any of the specified services.
The trademark examining attorney maintains and now makes FINAL the refusal in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
SECTIONS 1 AND 45 REFUSAL – FAILURE TO SHOW USE IN COMMERCE
Applicant’s services are identified as “Providing a website featuring ratings and reviews from users, namely, project ratings and project evaluations for commercial purposes” in Class 35.
Thus, the refusal to register the applied-for mark in International Class 35 is now made final because applicant failed to provide evidence of use of the mark in commerce. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a), 2.63(b); TMEP §§904, 904.07, 1301.04(g)(i).
Specifically, the substitute specimen appears to show a service that is different than “Providing a website featuring ratings and reviews from users, namely, project ratings and project evaluations for commercial purposes”. In this case, the substitute specimen appears to show the applied-for mark being used in connection with a metric system or software system.
Examples of specimens. Specimens for services must show a direct association between the mark and the services and include: (1) copies of advertising and marketing material, (2) a photograph of business signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the services. See 37 C.F.R. §2.56(b)(2), (c); TMEP §1301.04(a), (h)(iv)(C).
Any webpage printout or screenshot submitted as a specimen, whether for goods or services, must include the webpage’s URL and the date it was accessed or printed. 37 C.F.R. §2.56(c).
Response option. Applicant may respond to this refusal by submitting, for each applicable international class, a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce prior to the expiration of the deadline for filing the statement of use and (b) shows the mark in actual use in commerce for the goods and/or services identified in the statement of use. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior to expiration of the filing deadline for filing a statement of use.” The substitute specimen cannot be accepted without this statement.
Applicant may not withdraw the statement of use. See 37 C.F.R. §2.88(f); TMEP §1109.17.
For an overview of this response option and instructions on how to submit a different specimen using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
Conclusion
Because applicant failed to provide evidence of use of the mark in commerce the applied-for mark must be refused under Sections 1 and 45 of the Trademark Act. Based on the foregoing, the specimen refusal is maintained and now made FINAL.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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).
/Katrina J. Goodwin/
Examining Attorney
Law Office 130
571-272-7605
Katrina.Goodwin@uspto.gov
RESPONSE GUIDANCE