To: | TP Host, LLC (trademarks@kaufcan.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88266725 - HOST - 0161946 |
Sent: | 4/8/2019 2:19:31 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. 88266725
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 “Marine terminal services, namely, marine terminal operation, loading and unloading services for large container, specialized container, dry and liquid bulk, heavy lift, project cargoes, vehicle cargo, break-bulk cargo, bulk cargo, liquid cargo and general cargo; marine terminals for cargo; transportation and delivery services by sea, land, rail and truck; transport of goods by sea, land, rail and truck, including vehicle and roll on/roll off transport services, transport of agricultural and construction equipment, bulk and break-bulk cargo and container cargo; ocean, short-sea and river shipping, transshipment services, delivery and distribution services, storage of goods, rail ramp services, haul away loading, logistic management services relating to transport services, information services regarding tracking systems of goods, rental of storage containers, rental of warehouse space, rental of bulk space, rental of tanks; warehousing services; freight forwarding; freighting, namely, freight transportation services via vessels in the nature of arranging and managing transportation of cargo and containers to and from ports on behalf of vessel owners, charterers and cargo owners; warehousing; warehouse storage of goods, cargo logistics and tracking services; providing vessel mooring facilities; vessel transport; cargo handling; providing container, bulk, break-bulk, liquid and general cargo handling services; cargo unloading; providing ocean transportation; marine transport; rental of boats, ships and other vessels, with or without crew; port support, namely, boat, ship and vessel storage and delivery services; stevedoring; stevedoring services; provision of personnel to operate and maintain property, including vessels, terminal equipment, storage space and marine equipment and to operate marine terminals and provide stevedoring” in International Class 39.
Similarly, in order to render the identification of “marine terminals for cargo” definite, applicant must specify what type of cargo services are provided. For examples, applicant may provide cargo handling services.
The identification of “ocean, short-sea and river shipping, transshipment services, delivery and distribution services, storage of goods, rail ramp services, haul away loading, logistic management services relating to transport services, information services regarding tracking systems of goods, rental of storage containers, rental of warehouse space, rental of bulk space, rental of tanks” is indefinite because the nature of the services is unclear. Applicant may clarify that the services are “transport and storage services” in order to render the majority of identification definite in Class 39. However, applicant’s “logistic management services relating to transport services, information services regarding tracking systems of goods” are misclassified.
Additionally, applicant has provided the application fee for only one international class. Thus, not all international classes in the application are covered by the application fee. Because of this disparity, applicant must clarify the number of classes for which registration is sought. See 37 C.F.R. §§2.32(d), 2.86.
Applicant may respond by (1) adding one international class to the application, and reclassifying the above accordingly; or (2) deleting from the application the services for all but the number of international classes for which the application fee was submitted. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class application requirements specified in this Office action.
Applicant may substitute the following, if accurate:
International Class 35:
Freight logistics management in the nature of transport logistic services and information services regarding tracking systems of goods; Employment staffing in the field of personnel to operate and maintain vessels, terminal equipment, storage space and marine equipment and to operate marine terminals and provide stevedoring
International Class 39:
Marine terminal services, namely, marine terminal operation in the nature of cargo loading and unloading services for large container, specialized container, dry and liquid bulk, heavy lift, project cargoes, vehicle cargo, break-bulk cargo, bulk cargo, liquid cargo and general cargo; Marine terminal services for cargo in the nature of cargo handling; transportation and delivery services by sea, land, rail and truck; transport of goods by sea, land, rail and truck, namely, vehicle and roll on/roll off transport services, transport of agricultural and construction equipment, bulk and break-bulk cargo and container cargo; Transport and storage services for goods in the nature of ocean, short-sea and river shipping, transshipment services, delivery and distribution services, rail ramp services, haul away loading, rental of storage containers, rental of warehouse space, rental of bulk space, rental of storage tanks, and providing information regarding tracking goods in transit; warehousing services; freight forwarding; freighting, namely, freight transportation services via vessels in the nature of arranging and managing transportation of cargo and containers to and from ports on behalf of vessel owners, charterers and cargo owners; warehousing; warehouse storage of goods, cargo logistics and tracking services; providing vessel mooring facilities; vessel transport; cargo handling; providing container, bulk, break-bulk, liquid and general cargo handling services; cargo unloading; providing ocean transportation; marine transport; rental of boats, ships and other vessels, with or without crew; port support, namely, boat, ship and vessel storage and delivery services; stevedoring; stevedoring services
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 REQUIREMENT
(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 services based on use in commerce that are classified in at least two 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 class 35 and 39. See more information about specimens.
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.