To: | TP Host, LLC (trademarks@kaufcan.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88266720 - HOST - 0161946 |
Sent: | 4/8/2019 2:18:40 PM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88266720
MARK: HOST
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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: TP Host, LLC
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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: 4/8/2019
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).
IDENTIFICATION OF SERVICES REQUIREMENT
Applicant has identified “Investment services, namely, financial investment, acquisition and leasing in the field of marine assets and equipment; purchasing and building marine terminals, conveyors, tanks, tracks, stevedoring and other marine equipment and terminal equipment” in International Class 36.
Further, the identification of “purchasing and building marine terminals, conveyors, tanks, tracks, stevedoring and other marine equipment and terminal equipment” is indefinite and overbroad. If applicant is procuring goods for others, this services is classified in International Class 35, and applicant must specify what goods are procured for others. If applicant provides marine construction services, these are classified in International Class 37.
And, if applicant manufactures stevedoring and marine dock equipment, applicant must specify the type of equipment in order to determine classification. For example, if applicant manufactures dock cranes and conveyor lines or belts, these are classified in International Class 7. In order to render the specification of “tanks” definite, applicant must specify if the goods are made of metal or another substance, such as plastic, and classify the goods accordingly. If applicant manufactures marine control systems or safety equipment, this is classified in International Class 9.
Applicant may adopt the following, if accurate:
International Class 6:
Stevedoring and marine equipment, namely, {specify class 6 goods, e.g. metal fluid storage tanks}
International Class 7:
Stevedoring and marine equipment, namely, {specify class 7 goods, e.g. marine mounted dock cranes, conveyor lines, conveyer belts, conveyers being machines}
International Class 9:
Stevedoring and marine equipment, namely, {specify class 9 goods, e.g. a marine control system in the nature of dynamic positioning system hardware and software for vessel positioning and vessel management, marine safety-warning lights in the nature of strobes, rotating lights and bar lights
International Class 12:
Stevedoring and marine equipment, namely, structural parts of marine vessels in the nature of tanks for storing liquid and gas cargo
International Class 19:
Stevedoring and marine equipment, namely, {specify class 19 goods, e.g. liquid storage tanks of masonry for industrial purposes, bumpers or pads for pilings or dock posts}
International Class 20:
Stevedoring and marine equipment, namely, {specify class 20 goods, e.g. plastic fluid storage tanks}
International Class 35:
Procurement, namely, purchasing {specify goods or services, e.g., marine equipment in the nature of conveyors, tanks, and tracks} for others
International Class 37:
Marine construction, namely, building marine terminals
International Class 36:
Investment services, namely, financial investment acquisition in the field of marine assets and equipment
International Class 39:
Leasing in the field of marine assets and equipment, namely, {specify what is leased, e.g. leasing ships}
Identification Amendment Advisories
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.
MULTICLASS IDENTIFICATION ADVISORY
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and services based on use in commerce that are classified in at least ten classes; however, applicant submitted a fee sufficient for only one class. Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for classes 35, 37, and 36; and applicant needs a specimen for classes 6, 7, 9, 12, 19, 20, and 39. See more information about specimens.
Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.
Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and website printouts that show the mark used in the actual sale, rendering, or advertising of the services.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
RESPONSE AND ASSISTANCE
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If 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/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@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.
/Rebecca Eubank/
Trademark Examining Attorney
Law Office 116
Phone: (571) 270-5577
Rebecca.eubank@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.