UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.  A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.

 

 

ISSUE/MAILING DATE: 3/27/2019

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

SEARCH OF OFFICE’S DATABASE OF MARKS

 

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

 

SUMMARY OF ISSUES:

• IDENTIFICATION OF SERVICES

 

IDENTIFICATION OF SERVICES

 

Applicant has applied for RYSE for “Trade information providing services; retail and wholesale services in relation to books, periodicals and printed publications; retail and wholesale services in relation to CDs and DVDs featuring music and music performances; retail and wholesale services in relation to natural flowers and artificial flowers; retail and wholesale services in relation to clothing; retail and wholesale services in relation to footwear; retail and wholesale services in relation to watches; retail and wholesale services in relation to cosmetics, skin care preparations, hair care preparations, featuring perfumery and cosmetic facial masks; retail and wholesale services in relation to sports wear; retail and wholesale services in relation to sporting equipment; retail and wholesale services in relation to optical goods and cameras; retail and wholesale services in relation to televisions, CD players and DVD players; retail and wholesale services in relation to apparatus for recording, transmission or reproduction of sound or images; retail and wholesale services in relation to electric coffee machine, electric hair dryers, electrical tooth brushes and air purifiers; retail and wholesale services in relation to electric adapters and electric connections; retail and wholesale services in relation to precious metals and jewelry; retail services in relation to commemorative stamps; comprehensive shopping mall on internet; intermediary services relating to mail order selling by electric communication; business management of hotels; retail and wholesale services in relation to fashion accessories; retail and wholesale services in relation to tote bags; retail and wholesale services in relation to beddings, pillow covers and curtain; retail and wholesale services in relation to household or kitchen utensils and household or kitchen containers” in International Class 35; “Hotels; hotel information services; hostels; resort lodging services; youth hostel services; resort hotel services; hotel services; bar services; hotel reservations; hotel accommodation services; tourist home services; pubs; providing conference facilities; providing conference rooms; rental of rooms for holding functions, conferences, conventions, exhibitions, seminars and meetings; pensions; providing guesthouse services” In International Class 43.

 

International Class 35

 

The activities identified as “retail services” in International Class 35 are indefinite and must be clarified because retail services could include a wide array of retail support services – from accounting to advertising and marketing services.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.11. 

 

If applicant’s retail services involve retail stores or outlets (online or brick-and-mortar), or distributorships, applicant should amend the identification to specify (1) the nature of the retail activity provided (e.g., retail stores, retail distributorships, online retail outlets), and (2) the field or type of goods offered through those retail services, e.g., “retail online ordering services featuring books, periodicals and printed publications,” “retail distributorships in the field of books, periodicals and printed publications,” and “retail outlets featuring books, periodicals and printed publications.”  See TMEP §§1301.01(a)(ii), 1402.11. 

 

The identification for “wholesale services” in International Class 35 is indefinite and must be clarified because it could include a wide array of services related to wholesaling – from accounting to advertising and marketing services.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.11. 

 

Applicant must amend the identification to specify the nature of the wholesale activity that applicant provides (e.g., wholesale distributorships, wholesale services by direct solicitation by sales agents, or wholesale store services).  If the services are in the nature of wholesale stores, direct solicitation, or distributorships, the identification should also indicate the field or type of goods offered through the wholesale services, e.g., “wholesale distributorships featuring books, periodicals and printed publications” “wholesale services by direct solicitation by sales agents in the field of books, periodicals and printed publications,” and “wholesale store services featuring books, periodicals and printed publications.”  See TMEP §§1301.01(a)(ii), 1402.11. 

 

International Class 43

 

The wording “hotel information services” in the identification of services is indefinite and must be clarified because the nature of the information services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “hotel reservations” in the identification of services is indefinite and must be clarified because the nature of the reservation services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “hotel accommodation services” in the identification of services is indefinite and must be clarified because the nature of the accommodation services is unclear.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

The wording “rental of rooms for holding functions, conferences, conventions, exhibitions, seminars and meetings” in the identification of services is indefinite and must be clarified because the use of the rooms must be clarified as all being for meeting purposes, as this type of use puts the services in Class 43.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant should note that any wording in bold or in bold italics below offers guidance and/or shows the changes being proposed for the identification of services.  The curly brackets, e.g. {  }, contain instructions to be followed and/or suggested wording.  Brackets (or instructions) should not be a part of the amended, final ID.  If there is wording in applicant’s version of the identification of services that should be removed, it will be shown with a line through it such as this: strikethrough.  Applicant should enter its amendments in standard font.

 

Applicant may substitute the following wording, if accurate: 

 

Class 35:    “Trade information provisionding services; retail store and wholesale store services in relation to books, periodicals and printed publications; retail store and wholesale store services in relation to CDs and DVDs featuring music and music performances; retail store and wholesale store services in relation to natural flowers and artificial flowers; retail store and wholesale store services in relation to clothing; retail store and wholesale store services in relation to footwear; retail store and wholesale store services in relation to watches; retail store and wholesale store services in relation to cosmetics, skin care preparations, hair care preparations, featuring perfumery and cosmetic facial masks; retail store and wholesale store services in relation to sportswear; retail store and wholesale store services in relation to sporting equipment; retail store and wholesale store services in relation to optical goods and cameras; retail store and wholesale store services in relation to televisions, CD players and DVD players; retail store and wholesale store services in relation to apparatus for recording, transmission or reproduction of sound or images; retail store and wholesale store services in relation to electric coffee machine, electric hair dryers, electrical tooth brushes and air purifiers; retail store and wholesale store services in relation to electric adapters and electric connections; retail store and wholesale store services in relation to precious metals and jewelry; retail store services in relation to commemorative stamps; promoting the goods and services of others by means of operating an on-line comprehensive shopping mall on internet with links to the retail websites of others; wholesale distributorships in the nature of intermediary services relating to mail order selling of _____ {specify goods to be sold via mail order, e.g., clothing} by electric communication; business management of hotels; retail store and wholesale store services in relation to fashion accessories; retail store and wholesale store services in relation to tote bags; retail store and wholesale store services in relation to beddings, pillow covers and curtains; retail store and wholesale store services in relation to household or kitchen utensils and household or kitchen containers”;

 

Class 43:      “Hotels; providing hotel information services about hotels to tourists and business travelers; hostels; resort lodging services; youth hostel services; resort hotel services; hotel services; bar services; making hotel reservations for others; providing hotel accommodations services; tourist home services; pubs; providing conference facilities; providing conference rooms; rental of  meeting rooms for holding social functions, conferences, conventions, exhibitions, seminars and meetings; providing temporary accommodation at pensions; providing guesthouse services”

 

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 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.

 

RESPONSE GUIDELINES

 

Applicant is encouraged to call or email the assigned trademark examining attorney below to resolve the issues in this Office action.  Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension.  See 37 C.F.R. §2.62(c); TMEP §707.

 

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.  

 

 

/Katie Foss/

Trademark Examining Attorney

Law Office 125

571-272-4067

katherine.foss@uspto.gov

 

TO RESPOND TO THIS LETTER:  Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.  Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application.  For technical assistance with online forms, e-mail TEAS@uspto.gov.  For questions about the Office action itself, please contact the assigned trademark examining attorney.  E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.

 

All informal e-mail communications relevant to this application will be placed in the official application record.

 

WHO MUST SIGN THE RESPONSE:  It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants).  If an applicant is represented by an attorney, the attorney must sign the response. 

 

PERIODICALLY CHECK THE STATUS OF THE APPLICATION:  To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/.  Please keep a copy of the TSDR status screen.  If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199.  For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 3/27/2019 FOR U.S. APPLICATION SERIAL NO. 88250468

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 3/27/2019 (or sooner if specified in the Office action).  A response transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the response period.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.