To: | San Diego Unified Port District (trademarks@ipla.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88282951 - WONDERFRONT - N/A |
Sent: | 4/15/2019 3:05:10 PM |
Sent As: | ECOM127@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88282951
MARK: WONDERFRONT
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: San Diego Unified Port District
|
|
CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
|
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: 4/15/2019
Applicant is encouraged to call or email the assigned attorney below to resolve the issue in this Office action.
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
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).
SUMMARY OF ISSUES:
· Amended Classification And Identification Of Services Required
· Partial Abandonment Advisory
· Request to Divide Advisory
AMENDED CLASSIFICATION AND IDENTIFICATION OF SERVICES REQUIRED
Preliminary Matters
An application must specify, in an explicit manner, the particular services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language.
Class 35
Class 39
“Arranging of tours” is classified incorrectly. Applicant must amend the application to classify the services in International Class 41. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b). Additionally, this wording is indefinite and must be clarified because it does not sufficiently indicate the type and location of the offered services. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Class 41
Class 43
Applicant may substitute the following identification of services, with changes highlighted in bold, if accurate:
Class 35 – “Promoting tourism and commercial business in the Southern California area by providing information concerning events, attractions, accommodations, retail-shop locations, harbor activities, marine activities and boating activities and services; promoting hotels and restaurants of others by means of {indicate type, e.g., providing discounts on food and lodging for a limited time}”; and
Class 39 – “Arranging of cruises; car parking services, namely, operating car parking lots; cruise ship services; distribution of electricity and water to marine vessels; marine terminal services, namely, cargo storage, ship berthing and mooring, and ship transportation services; providing information, news, and commentary in the fields of trade travel and transportation” and
Class 41 – “Operating recreational facilities; organizing community sporting, cultural, and civic activities, namely, {indicate type, e.g., triathlons, concerts} in connection with the San Diego Harbor; providing training in the field of international trade, transportation, environmental education, and marine terminal operations; publication of informational texts, books, and electronic resources in the nature of non-downloadable manuals, periodicals, and reports in the field of international trade, transportations, environmental education and marine terminal operations; arranging of guided tours of {indicate location, e.g., cruise ships}; entertainment services in the nature of organizing and hosting social entertainment events; entertainment services in the nature of hosting live musical performances; entertainment services in the nature of live visual and audio performances by {specify, e.g., actors, musical bands, etc.}; entertainment services, namely, food, wine, and beer tastings; organizing and hosting community festivals featuring a variety of activities, namely, {indicate type, e.g., art exhibitions, dance performances}”
Applicant may amend the identification 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. Generally, any deleted services may not later be reinserted. See TMEP §1402.07(e).
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.
PARTIAL ABANDONMENT ADVISORY
Class 35 – “Promoting tourism and business by providing information concerning events, attractions, accommodations, retail-shop locations, harbor activities, marine activities and boating activities and services”; and
Class 39 – “Arranging of tours” distribution of electricity or water to marine vessels”; and
Class 41 – “Organizing sporting, cultural, or civic activities in connection with the San Diego Harbor”; and
Class 43 – “Entertainment services in the nature of live visual and audio performances; organizing and hosting community festivals featuring a variety of activities; promoting hotels and restaurant”
The application will then proceed with the following services in International Classes 39 and 41 only:
Class 39 – “Arranging of cruises; car parking services, namely, operating car parking lots; cruise ship services; marine terminal services, namely, cargo storage, ship berthing and mooring, and ship transportation services; providing information, news, and commentary in the fields of trade travel and transportation”; and
Class 41 – “Providing training in the field of international trade, transportation, environmental education, and marine terminal operations; publication of informational texts, books, and electronic resources in the nature of non-downloadable manuals, periodicals, and reports in the field of international trade, transportations, environmental education and marine terminal operations; entertainment services in the nature of organizing and hosting social entertainment events; entertainment services in the nature of hosting live musical performances; entertainment services, namely, food, wine, and beer tastings ”
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
REQUEST TO DIVIDE ADVISORY
In response to a refusal or requirement that pertains only to certain classes, goods, and/or services, an applicant may divide the application into two or more separate applications so that any acceptable classes, goods, and/or services may be transferred to the divided out application(s) and proceed toward registration. See 37 C.F.R. §2.87; TMEP §1110 et seq. Any outstanding deadline in effect at the time the application is divided will generally apply to each new divided out application. See 37 C.F.R. §2.87(e); TMEP §1110.05 (see list of exceptions).
To divide an application, file a request to divide online using the Trademark Electronic Application System (TEAS) form and include a fee of $100 for each new application created. See 37 C.F.R. §§2.6(a)(19)(ii), 2.87(b); TMEP §1110.04. If dividing out some, but not all, of the goods or services within a class, an additional application filing fee will be required for each new separate application created by the division. 37 C.F.R. §§2.6(a)(1)(i)-(iii), 2.87(b); TMEP §1110.02.
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.
ASSISTANCE
Please call or email the assigned trademark examining attorney with questions about this Office action.
/Evonne M. Neptune/
Trademark Examining Attorney, Law Office 127
United States Patent and Trademark Office
(571) 270-1740
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.