To: | ART.SY, Inc. (trademarks@sunsteinlaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88309882 - ARTSY - 3763/2008 |
Sent: | 5/10/2019 7:12:48 AM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88309882
MARK: ARTSY
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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: ART.SY, Inc.
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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: 5/10/2019
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.
SEARCH RESULTS
The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
THIS PARTIAL REFUSAL APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN
SUMMARY OF ISSUES:
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.
If applicant does not timely respond to this Office action, the following services will be deleted from the application:
Art gallery services; On-line art galleries; Providing an on-line searchable database featuring artistic works and business contacts at museums and galleries |
See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the following services only:
International Class 035
Art gallery services; On-line art galleries; Providing an on-line searchable database featuring artistic
works and business contacts at museums and galleries; Maintaining a registry of works of art; inventory management for others in the field of art; Providing an on-line marketplace featuring
artwork; Providing an on-line searchable database featuring artistic works and business contacts at museums and galleries (deleted duplicate
wording); Provision of an on-line marketplace for buyers and sellers of art and for the auctioning of art; and International Class 041 See TMEP
§718.02(a).
The wording as set forth below in the identification of services is indefinite and must be clarified as indicated. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate:
International Class 035
Art gallery services; [Applicant must amend the language and classification according to the
following: Retail store services for works of art provided by art galleries is classified in Class 35; or Specific
types of entertainment and educational services provided by art galleries classified in Class 41] On-line art galleries [Applicant must amend the
language and classification according to the following: Online Retail store services for online works of art provided
by art galleries is classified in Class 35. Specific types of entertainment and educational services provided by art galleries are classified in Class 41];
Providing an on-line searchable database featuring artistic works (reclassify the deleted wording and move to International Class 041); Providing an on-line searchable database featuring business contacts at museums and galleries; Maintaining a registry of works of art;
inventory management for others in the field of art; Providing an on-line marketplace featuring artwork; Providing an on-line searchable database featuring artistic works and business contacts at
museums and galleries (delete duplicate wording); Provision of an on-line marketplace for buyers and sellers of art and for the auctioning of art.
International Class 041
Providing a website in the field of art; Providing an on-line searchable database featuring information about art, artists, artistic works, artistic styles, and relationships between artists, artistic works, and artistic styles via global communications networks; entertainment services, namely, providing a website featuring images of artistic works, information in the field of art, and information concerning relationships between artists, artistic works and artistic styles, all on-line via a global computer network; Providing an Internet website portal in the field of art; Providing a website featuring information about artistic styles; Providing editorial, news and other information in the field of art; Providing an on-line searchable database featuring artistic works (language moved from International Class 035).
TEAS RESPONSE GUIDELINES
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.
/C. Dionne Clyburn/
C. Dionne Clyburn
Trademark Examining Attorney
Law Office 110
571-272-9358
dionne.clyburn@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.