To: | TechCrunch, Inc. (davis.jim@arentfox.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88295125 - EXTRA CRUNCH - 019428.23067 |
Sent: | 4/25/2019 7:23:03 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. 88295125
MARK: EXTRA CRUNCH
|
|
CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
|
APPLICANT: TechCrunch, Inc.
|
|
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: 4/25/2019
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.
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: “Providing information, news, analysis, and commentary in the field of current events relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business, via a website; online journals, namely, blogs featuring current events information, news, analysis, and commentary relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business; educational services, namely, providing conferences, workshops, educational competitions, and online newsletters in the field of current events information, news, analysis, and commentary relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business; providing a website featuring non-downloadable videos in the field of current events information, news, analysis, and commentary relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business; entertainment services, namely, providing podcasts in the field of current events information, news, analysis, and commentary relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business; entertainment services, namely, providing ongoing audio programs featuring technology, Internet products and services, start-up companies, and entrepreneurship; Subscription services, namely, providing subscription-based online publications, newsletters, information and networking opportunities in the field of current events relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business,” in International Class 41.
The wording “Subscription services, namely, providing subscription-based online publications, newsletters, information and networking opportunities in the field of current events relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business” in the identification of services is indefinite and must be clarified because “online publications” does not make clear the nature of the publications. Accordingly, applicant must specify the common name of the type of publications, such as brochures, newsletters, or magazines. See TMEP §1402.03(e).
Applicant may adopt the following amended identification, if accurate. Suggested amendments are in bold:
International Class 35: Providing subscription-based business networking services in the field of current events relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business
International Class 41: Providing information, news, analysis, and commentary in the field of current events relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business, via a website; online journals, namely, blogs featuring current events information, news, analysis, and commentary relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business; educational services, namely, providing conferences, workshops, educational competitions, and online newsletters in the field of current events information, news, analysis, and commentary relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business; providing a website featuring non-downloadable videos in the field of current events information, news, analysis, and commentary relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business; entertainment services, namely, providing podcasts in the field of current events information, news, analysis, and commentary relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business; entertainment services, namely, providing ongoing audio programs featuring technology, Internet products and services, start-up companies, and entrepreneurship; Subscription services, namely, providing subscription-based online publications in the nature of newsletters and providing information, both in the field of current events relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business
International Class 45: Providing subscription-based online social networking services in the field of current events relating to technology, technology innovation, consumer products, electronics, the Internet, social media, computers, entrepreneurship, startup companies, and business
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.
ADVISORY: MULTIPLE-CLASS APPLICATION REQUIREMENTS
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies services that could be classified in at least three (3) classes; however, applicant submitted a fee sufficient for only one (1) class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) 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.
/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.