| To: | Lin, Ting (ting@thetingtimes.com) |
| Subject: | U.S. TRADEMARK APPLICATION NO. 88266153 - THE TING TIMES - N/A |
| Sent: | 4/7/2019 2:58:51 PM |
| Sent As: | ECOM110@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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U.S. APPLICATION SERIAL NO. 88266153
MARK: THE TING TIMES
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Lin, Ting
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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: 4/7/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH RESULTS
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).
However, applicant must respond to the issues below.
REFUSAL UNDER SECTIONS 1 & 45 OF THE TRADEMARK ACT- SPECIMEN NOT ACCEPTABLE- SPECIMEN DOES NOT SHOW APPLIED-FOR MARK ASSOCIATED WITH IDENTIFIED SERVICES
Specifically, the services identified as in use in commerce are “providing a website featuring entertainment information in the field(s) of art, literature, music, fashion, beauty, technology, food, health, lifestyle, travel;” however, the specimen does not make a direct association with any of the subject matters listed in the identification.
An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of services identified in the application or amendment to allege use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and webpages that show the mark used in the actual sale, rendering, or advertising of the services. See TMEP §1301.04(a), (h)(iv)(C). Specimens comprising advertising and promotional materials must show a direct association between the mark and the services. TMEP §1301.04(f)(ii).
RESPONSE OPTIONS
Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the services identified in the application or amendment to allege 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 at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b), for which no specimen is required. This option will later necessitate additional fee(s) and filing requirements such as providing a specimen.
For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/specimen.jsp.
If the applicant responds to the refusal above, it must also respond to the requirements below.
AMENDMENT TO THE IDENTIFICATION OF SERVICES REQUIRED
Applicant has classified all of its services in the same International Class (Class 41); however, classification of information services is based on the subject matter of the information provided. TMEP §1402.11(b).
The following are examples of acceptable identifications for information services:
In this case, “entertainment information” in Class 41 is restricted to entertainment-related subject matters only, such as “music,” “movies,” “sports,” “art,” “television shows,” “video games,” etc. Therefore, the applicant must delete the non-entertainment related subject matters from the identifications in Class 41, as shown below.
Further, the identification “Organizing community festivals featuring primarily art exhibitions, fashion exhibitions, music, instruments, talents, poetry, spoken word, written material, dance performances, workshops, speeches, and also providing food, beverages, crafts, products” is not acceptable. Specifically, the applicant was instructed to fill in the blank with “specific activities in Class 41 that predominate in the festival” in the original identification “Organizing community festivals featuring primarily {indicate specific activities in Class 41 that predominate in the festival, e.g., sporting events, art exhibitions, ethnic dance performances} and also providing {indicate other activities offered at the festival, e.g., flea markets, dinners}.” “Fashion exhibitions” are properly classified in Class 45, and therefore, should not be listed at the beginning of the identification. Additionally, the wording “instruments, talents, poetry, spoken word, written material…workshops, speeches, and also providing…products” must be further specified. Specifically, the applicant must further clarify the nature of its “instruments,” “talents,” “poetry,” “spoken word” and “written material” events and the subject matter of the applicant’s “workshops” and “speeches” must be specified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Similarly, for the identification “Providing online interviews featuring social media influencers, influencers, bloggers, creative entrepreneurs, designers, stylists, singers, song-writers, dancers, musicians, industry leaders, entrepreneurs, aspired entrepreneurs, business owners, executives, celebrities in the field of art, literature, music, fashion, beauty, technology, food, health, lifestyle, travel for entertainment purposes,” the applicant was prompted to specify entertainment-related subject matters only to fill in the blanks. Therefore, the applicant must delete the non-entertainment related subject matters from the identifications in Class 41, as shown below.
Next, the identifications for the applicant’s “leisure information” and “recreational information” services must also be amended according to the guidance and restrictions identified above. Additionally, the word “sightseeing” is vague and the applicant must specify the particular sightseeing activity to determine if the services are classified correctly, such as “sightseeing in the nature of guided hiking tours,” as shown below.
Please see below in bold, italics and underline for suggestions for acceptable amendments in each instance where further clarification is required.
If modifying one of the duplicate entries, applicant may amend it 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. Also, generally, any deleted services may not later be reinserted. TMEP §1402.07(e).
Applicant may substitute the following wording, if accurate:
Class 41: (Based on Use in Commerce) Providing a website featuring entertainment information in the field(s) of art, literature,
music, fashion, beauty, technology, food, health, lifestyle, travel; (Based on Intent to Use) Organizing community festivals featuring primarily art exhibitions, fashion exhibitions, music, instrumental performances, talented theater
performances, poetry readings, spoken word performances, written
material, dance performances, workshops in the field of poetry, speeches in the field of live
performances, and also providing food, beverages, crafts, and fashion exhibitions products; Providing an
Internet website portal featuring entertainment news and information specifically in the field of art, literature, music, fashion, beauty, technology, food, health, lifestyle,
travel; Providing online interviews featuring social media influencers, influencers, bloggers, creative entrepreneurs, designers, stylists, singers, song-writers, dancers, musicians, industry
leaders, entrepreneurs, aspired entrepreneurs, business owners, executives, celebrities in the field of art, literature, music, fashion, beauty, technology, food, health,
lifestyle, travel for entertainment purposes; Provision of information in the field of leisure activities, namely, reading, writing, singing, dancing, shopping,
cooking, attending art and music events, attending concerts, attending art exhibits,
visiting museums, visiting museums, sightseeing in the nature of guided hiking tours, grocery shopping; Provision
of information in the field of recreational activities, namely, reading, writing, singing, dancing, shopping, cooking, attending art and music events, attending concerts, attending art exhibits, visiting museums, visiting
museums, sightseeing in the nature of guided hiking tours, grocery shopping.
SCOPE ADVISORY: Applicant’s services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different services or add services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b).
The scope of the services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the services will further limit scope, and once services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
ASSISTANCE: 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.
For information on how to identify the services in an application, applicant is encouraged to view the USPTO’s Trademark Information Network Video number 6, “Goods and services.”
TEAS PLUS REQUIREMENT NOT MET- ADDITIONAL FEE PER CLASS REQUIRED
Applicant must submit an additional processing fee of $125 per class because the application as filed did not meet the TEAS Plus application filing requirements.
See 37 C.F.R. §§2.6(a)(1)(v), 2.22(a), (c); TMEP §§819.01 et seq., 819.04. Specifically, applicant failed to meet the
following application filing requirement: the services were not
correctly classified.
The additional fee is required even if applicant later corrects these application requirements.
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help; an online directory of legal professionals, such as FindLaw®; or a local telephone directory. The USPTO, however, may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
/Deborah Meiners/
Attorney Advisor
Law Office 110
(571) 272-8993
Deborah.Meiners@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.