To: | THE WE COMPANY MC LLC (ricketts-docket@fzlz.com) |
Subject: | U.S. Trademark Application Serial No. 88239449 - WEGROW - WEWO 1814692 |
Sent: | October 28, 2019 09:10:16 AM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88239449
Mark: WEGROW
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Correspondence Address: FROSS ZELNICK LEHRMAN & ZISSU, P.C.
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Applicant: THE WE COMPANY MC LLC
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Reference/Docket No. WEWO 1814692
Correspondence Email Address: |
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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.
This Office action is in response to applicant’s communication filed on September 20, 2019.
In a previous Office action dated March 20, 2019, the applicant was required to satisfy the following requirement: amend the identification of services.
Based on applicant’s response, the trademark examining attorney maintains and now makes FINAL the requirements 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:
AMENDED IDENTIFICATION OF SERVICES REQUIRED – CLASSES 035 AND 041
International Class 035
“Incubation services, namely, providing work space containing business equipment to emerging, start-up and existing companies; Providing facilities for business meetings and business events; Business operation of commercial real estate, offices, and office space for others; Business operation of commercial real estate, offices, and office space for others, namely, shared office venues with conference facilities”
International Class 041
“Educational and entertainment services, namely, providing motivational and educational speakers and mentors; Educational services, namely, providing kindergarten through grade 5 classroom instruction; Educational services in the nature of operating an educational institution providing kindergarten through grade 5 classroom instruction; Educational services, namely, providing grade 6 through grade 12 classroom instruction; Educational services in the nature of operating an educational institution providing grade 6 through grade 12 classroom instruction; Educational services, namely, academic mentoring of school age children; Physical education services in the nature of yoga instruction, dance instruction, martial arts instruction, and providing physical fitness and exercise instruction”
Applicant may amend the identification to clarify or limit the services, but not to broaden or expand the services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted services may not later be reinserted. See TMEP §1402.07(e).
For assistance with identifying and classifying services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
FILING BASIS ADVISORY
The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application. See 15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4). The application additionally includes a statement indicating that applicant does not intend to rely on Section 44(e) as an additional basis for registration. See 15 U.S.C. §1126(e).
Although Section 44(d) provides a basis for filing and a priority filing date, it does not provide a basis for publication or registration. 37 C.F.R. §2.34(a)(4)(iii); TMEP §§1002.02, 1003.03. Accordingly, the mark may be approved for publication on the Section 1(b) basis, but it will not register until an acceptable allegation of use has been filed. See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.
ASSISTANCE
If applicant has any questions regarding this Office action, please call or email the assigned trademark examining attorney. 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 requirements 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.
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 final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)
/J. Ian Dible/
J. Ian Dible
Examining Attorney
Law Office 111
(571) 272-0209
ian.dible@uspto.gov
RESPONSE GUIDANCE