Examiners Amendment

SALT

SkyBridge Capital II, LLC

U.S. Trademark Application Serial No. 88205742 - SALT - 000642/0008

To: SkyBridge Capital II, LLC (tm@stroock.com)
Subject: U.S. Trademark Application Serial No. 88205742 - SALT - 000642/0008
Sent: October 01, 2019 11:57:24 AM
Sent As: ecom119@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

U.S. Application Serial No. 88205742

 

Mark:  SALT

 

 

        

 

Correspondence Address:  

       Laura Goldbard George

       STROOCK & STROOCK & LAVAN LLP

       180 MAIDEN LANE, 38TH FLOOR

       NEW YORK NY 10038-4982

       

 

 

 

 

 

Applicant:  SkyBridge Capital II, LLC

 

 

 

Reference/Docket No. 000642/0008

 

Correspondence Email Address: 

       tm@stroock.com

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  October 01, 2019

 

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Application has been amended as shown below.  As agreed to by Laura Goldbard George on September 27, 2019, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

PLEASE NOTE:  In its September 11, 2019 response, the applicant argued its proposed mark was not confusingly similar to several of the cited registrations, specifically U.S. Registration Nos. 5155479, 5155463 and 4675828 because of a consent agreement concerning these marks between the parties.  After considering the applicant’s arguments as well as reviewing the consent agreement, the prior Section 2(d) refusal based on U.S. Registration Nos. 5155479 (SALT), 5155463 (SALT stylized) and 4675828 (SALT) is hereby deemed OVERCOME. TMEP §1201.07(d)(viii).  In addition, after considering the applicant’s arguments in light of the amended identifications below, the prior Section 2(d) refusal based on U.S. Registration No. 4875153 (SALT SOLUTIONS) is also deemed OVERCOME.  For similar reasoning, the prior pending citation concerning U.S. Application Serial Nos. 87935577 and 87378046 is hereby WITHDRAWN.

 

Amendment of the Identification of Goods for International Class 009

The identification of goods for International Class 009 is amended to read as follows:

 

Digital materials, namely, downloadable videos and podcasts featuring information, news and editorial content in the fields of entrepreneurial and business leadership, asset management, business and economic impacts on society, science, technology and innovation all of which exclude tax and accounting information.

 

See TMEP §§1402.01, 1402.01(e).

 

Amendment of the Identification of Services for International Class 041

The identification of services for International Class 041 is amended to read as follows:

 

Arranging, conducting and facilitating educational seminars, conferences, workshops and lectures, as well as an ongoing series of webcasts and television and radio programs featuring information, news and editorial content in the fields of entrepreneurial and business leadership, asset management, business and economic impacts on society, science, technology and innovation all of which exclude tax and accounting information; Development, creation, production, distribution and post-production of television shows, videos, multimedia entertainment content and podcasts for others featuring information, news and editorial content in the fields of entrepreneurial and business leadership, asset management, business and economic impacts on society, science, technology and innovation all of which exclude tax and accounting information; Providing a website featuring curated digital materials, namely, providing a website featuring non-downloadable videos and podcasts featuring information, news and editorial content in the fields of entrepreneurial and business leadership, asset management, business and economic impacts on society, science, technology and innovation all of which exclude tax and accounting information.

 

See TMEP §§1402.01, 1402.01(e).

 

Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.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.   If the 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/teas/eFilingTips.htm and email technical questions to TEAS@uspto.gov.

 

If the applicant or its appointed attorney has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.

 

/Michael Tanner/

Michael Tanner

Trademark Attorney

Law Office 119

Telephone: 571-272-9706

Email:  Michael.Tanner@uspto.gov

 

 

 

U.S. Trademark Application Serial No. 88205742 - SALT - 000642/0008

To: SkyBridge Capital II, LLC (tm@stroock.com)
Subject: U.S. Trademark Application Serial No. 88205742 - SALT - 000642/0008
Sent: October 01, 2019 11:57:25 AM
Sent As: ecom119@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on October 01, 2019 for

U.S. Trademark Application Serial No. 88205742

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

Michael Tanner

Trademark Attorney

Law Office 119

USPTO

571-272-9706

michael.tanner@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”

 

 


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