To: | National Telecommunications Cooperative ETC. (ccollins@vfnlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88292556 - VIRTUAL LIVING ROOM - N/A |
Sent: | July 24, 2019 09:16:12 AM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88292556
Mark: VIRTUAL LIVING ROOM
|
|
Correspondence Address: |
|
Applicant: National Telecommunications Cooperative ETC.
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: July 24, 2019
****Upon further consideration, the assigned examining attorney has reviewed the referenced application and determined the following. Every attempt is made to address all relevant issues in the first examination of trademark applications. The examining attorney regrets any inconvenience to the applicant at this time.
PLEASE NOTE: Applicant is encouraged to telephone or email the trademark examining attorney to resolve the issues raised below by authorizing an examiner’s amendment. The Applicant may provide the following response: “I authorize the amendment(s) as suggested.” paul.moreno@uspto.gov
Applicant must respond to the following requirements.
IDENTIFICATION OF GOODS/SERVICES
GENERAL GUIDELINES
In the identification of services, applicant must use the common commercial or generic names for the services, be as complete and specific as possible, and avoid the use of indefinite words and phrases. TMEP §1402.03(a). If applicant uses indefinite words and phrases such as "services in connection with," "such as," "including," "and like services," "concepts," or "not limited to," such wording must be followed by "namely," and a list of the specific services identified by their common commercial or generic names. See id.
Applicant may amend the identification to list only those items that are within the scope of the goods/services set forth in the application or within the scope of a previously accepted amendment to the identification. See 37 C.F.R. §2.71(a); TMEP §§1402.06 et seq., 1402.07.
Unacceptable identification
PLEASE NOTE: Recommended changes and suggestions to applicant’s identification have been highlighted in bold. If the recommended changes and suggestions contain brackets, applicant must remove any brackets from the identification and incorporate the bracketed information into the amended description.
Class (misclassified)
Applicant currently has the following identification:
“Provision of telecommunications services, namely, broadband and high-speed internet services to connect patients with health care and medical services in a home-like environment targeted to veterans and low-income individuals in rural areas”
"Provision of telecommunications services, namely, broadband and high-speed internet services to connect patients with health care and medical services in a home-like environment targeted to veterans and low-income individuals in rural areas" is indefinite and appears to be misclassified.
Telecommunications services are generally classified in Class 38. In addition, the nature of the internet services must be further clarified.
See, e.g.,:
038-125 038 Wireless broadband communication services
038-301 038 Telecommunication services, namely, providing internet access via broadband optical or wireless networks
038-410 038 Internet service provider services
The following substitute identification with amended wording is suggested, if appropriate:
“Provision of telecommunications services, namely, providing wireless broadband communication services and high-speed internet access services to connect patients with health care and medical services in a home-like environment targeted to veterans and low-income individuals in rural areas” in Class 038
Note:
1. Applicant is encouraged to reference the Manual of Acceptable Identifications of Goods and Services for common commercial names. http://tess2.gov.uspto.report/netahtml/tidm.html.
FAILURE TO RESPOND – ABANDONMENT (ADVISORY)
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.
How to respond. Click to file a response to this nonfinal Office action
/Paul A. Moreno/
United States Patent and Trademark Office
Attorney
Law Office 103
571-272-2651
paul.moreno@uspto.gov
RESPONSE GUIDANCE