To: | Beijing Miiiw Technology Co., Ltd. (USA@bosnip.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88281696 - M W - US-433 |
Sent: | 4/10/2019 5:34:07 PM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88281696
MARK: M W
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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: Beijing Miiiw Technology Co., Ltd.
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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: 4/10/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) 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).
IDENTIFICATION OF SERVICES REQUIREMENT
Please note that this requirement is limited to the services underlined herein.
Applicant’s identification of services is as follows: “Application service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; Computer programming; Computer programming services; Computer services, namely, hosting an interactive web site that allows users to upload, store and maintain automotive repair records, manage online records of services performed on their vehicles, and receive automated service reminders, safety alerts, recall alerts, and special discount offers; Computer services, namely, hosting an interactive web site that allows functions or tasks that the web site allows; Computer services, namely, hosting and maintaining an on-line web site for others for function or purpose of web site; Computer software design; Computer software design for others; Computer system design; Computer system design services; Conducting scientific feasibility studies; Conducting of feasibility studies in the field of new technologies; Conversion of data or documents from physical to electronic media; Data conversion of computer programs and data, not physical conversion; Engineering services, particularly technical project planning and design engineering of lines for the processing of web products; Hosting an online community website featuring shared communications between community members interested in personal and small business computer information security; Hosting the software, websites and other computer applications of others on a virtual private server; Hosting the web sites of others on a computer server for a global computer network; Industrial design; Industrial design services; Providing search engines for the internet; Quality control for others; Quality control of goods and services; Technical research in the field of pharmaceutical studies; Technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; Technical support services, namely, troubleshooting of computer software problems; Technical support services, namely, troubleshooting of industrial process control computer software problems; Technical writing for others; Water quality control services,” in International Class 42.
Applicant may adopt the following amended identification, if accurate. Suggested amendments are in bold: “Application service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; Computer programming; Computer programming services; Computer services, namely, hosting an interactive web site that allows users to upload, store and maintain automotive repair records, manage online records of services performed on their vehicles, and receive automated service reminders, safety alerts, recall alerts, and special discount offers; Computer services, namely, hosting an interactive web site that allows ____ {specify functions or tasks that the web site allows users to perform, e.g., users to upload and download electronic files}; Computer services, namely, hosting and maintaining an on-line web site for others for ____ {specify function or purpose of web site, e.g., uploading and downloading electronic files}; Computer software design; Computer software design for others; Computer system design; Computer system design services; Conducting scientific feasibility studies; Conducting of feasibility studies in the field of new technologies; Conversion of data or documents from physical to electronic media; Data conversion of computer programs and data, not physical conversion; Engineering services, particularly technical project planning and design engineering of lines for the processing of web products; Hosting an online community website featuring shared communications between community members interested in personal and small business computer information security; Hosting the software, websites and other computer applications of others on a virtual private server; Hosting the web sites of others on a computer server for a global computer network; Industrial design; Industrial design services; Providing search engines for the internet; Quality control for others; Quality control of goods and services; Technical research in the field of pharmaceutical studies; Technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; Technical support services, namely, troubleshooting of computer software problems; Technical support services, namely, troubleshooting of industrial process control computer software problems; Technical writing for others; Water quality control services,” in International Class 42.
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.
MARK DESCRIPTION REQUIREMENT
The following description is suggested, if accurate: The mark consists of a circle that encompasses the stylized letters “M” and “W,” in which the letter “M” is positioned above the letter “W” such that the letter “W” appears to be a reflection of the letter “M.”
ADDITIONAL PROCESSING FEE REQUIREMENT – FAILURE TO MEET TEAS PLUS FILING REQUIREMENTS
The additional fee is required even if applicant later corrects these application requirements.
ADVISORY: TRADEMARK COUNSEL
For attorney referral information, applicant may consult the American Bar Association’s Consumers’ Guide to Legal Help or an online directory of legal professionals, such as FindLaw®. The USPTO, however, may not assist an applicant in the selection of a private attorney. 37 C.F.R. §2.11.
Please note that foreign attorneys, other than duly authorized Canadian attorneys, are not permitted to represent applicants before the USPTO. See 37 C.F.R. §§2.17(e), 11.14(c), (e); TMEP §602.03-.03(c). The only attorneys who may practice before the USPTO in trademark matters are (1) attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other U.S. commonwealths/territories; and (2) duly authorized Canadian agents/attorneys. See 37 C.F.R. §§2.17(e), 11.14(a), (c); TMEP §602.
RESPONSE AND ASSISTANCE
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.
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.
Respond online to this letter. Use the TEAS “Response to Office Action” online form to file a response.
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.
/Meredith Maresca/
Trademark Examining Attorney
Law Office 109
(571) 272-8985
meredith.maresca@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.