Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 4/5/2019

 

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’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).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by JAMES P. BRODER on April 5, 2019, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of services may clarify or limit the services, but may not add to or broaden the scope of the services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

 

The substitute specimen submitted via voluntary amendment is accepted.

 

 

I.                 MODIFIED DESCRIPTION OF THE MARK

 

 

The following modified description of the mark is added to the record:

 

            The mark consists of the term “tipl” in the color black with the “dot” in the letter “i” therein in the color dark blue all on a white background. The white background, including showing through the letter “p” in “tipl”, is not claimed as a feature of the mark.  To the left of the term “tipl” appears an abstract design of a conical-shaped drinking vessel with a black pointed tip as a base, a dark blue center, an orange and yellow rounded top featuring a transparent circle, and with a light blue abstract liquid featuring a light blue straw emanating therefrom on its upper right side.  The white background showing through the conical-shaped drinking vessel, including through the transparent circle of its rounded top, is not claimed as a feature of the mark.  A black oval-shaped shadow extends from the left side of the pointed base of the drinking vessel.

 

See 37 C.F.R. §2.37; TMEP §§808 et seq.

 

 

II.              MODIFIED COLOR CLAIM

 

 

The following modified color claim is added to the record:

 

            The colors black, dark blue, light blue, orange, and yellow are claimed as a feature of the mark.

 

37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(i). 

 

 

 

III.            AMENDMENT TO THE IDENTIFICATION OF SERVICES

 

 

The identification of services is amended to read as follows: 

 

 

“Incentive award programs to promote the sale of products and services of others; Promoting the goods and services of others by means of a point accumulation program with points used for discounts on future purchases of those goods and services; Promoting the goods and services of others by means of the issuance of loyalty rewards cards; Promoting the goods and services of others by providing a web site featuring coupons, rebates, price-comparison information, product reviews, links to the retail web sites of others, and discount information; Promoting the goods and services of others by providing an interactive website where users can increase the current value of an online discount being offered by purchasing the goods and services associated with that discount in the form of an online coupon, voucher or gift card; Promoting the goods of others, namely, providing coupons, rebates and vouchers for the goods of others; Promoting the goods of others, namely, providing information regarding discounts, coupons, rebates, vouchers and special offers for the goods of others; Promoting the sale of goods and services of others by means of contests and incentive award programs; Promoting the sale of goods and services of others through electronic couponing, promotions and discounts; Promotional services, namely, promoting the goods of others by means of providing online coupons; Promotional services, namely, promoting the goods of others by means of providing online gift cards; Promotional services, namely, promoting the goods of others by means of providing online gift certificates; Administration of a consumer loyalty program to promote restaurant services and retail services of others; Administration of a customer loyalty program which provides discounts on food and alcoholic beverages at participating bars and restaurants to frequent customers; Providing incentive award programs for customers through issuance and processing of loyalty points for on-line purchase of a company's goods and services; Providing incentive award programs for customers through the issuance and processing of loyalty coupons for frequent use of participating businesses; Providing incentive award programs through issuance and processing of loyalty points for purchase of a company's goods and services; Providing incentive award programs through issuance and processing of loyalty reward points for purchase of food and alcoholic beverages at participating restaurants and bars, and for participation in surveys of said restaurants and bars; the foregoing utilizing computer software technology, and not in the field of travel” in International Class 35.

 

 

See TMEP §§1402.01, 1402.01(e).

 

 

 

/Zhaleh Delaney/

Trademark Attorney

Trademark Law Office 116

(571) 272-9153

Zhaleh.Delaney@uspto.gov

 

 

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 Trademark Electronic Application System (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 4/5/2019 FOR U.S. APPLICATION SERIAL NO.88265605

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, 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)  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

 

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.