To: | Sunderstorm, Inc. (mike@usaiplaw.com) |
Subject: | U.S. Trademark Application Serial No. 88312506 - AMPLIFY - N/A |
Sent: | April 13, 2020 01:55:29 PM |
Sent As: | ecom122@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88312506
Mark: AMPLIFY
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Correspondence Address: 1 ROCKEFELLER PLAZA, 10TH FLOOR
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Applicant: Sunderstorm, Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
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: April 13, 2020
This Office action is supplemental to the previous Office action issued on November 1, 2019, in connection with this application. The assigned trademark examining attorney inadvertently omitted a requirement relevant to the mark in the subject application. See TMEP §§706, 711.02. Specifically, the identification of services is indefinite and amendment is required.
The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue(s).
Applicant must address all issue(s) raised in this Office action, in addition to the issues raised in the Office action dated November 1, 2019.
Further, the following refusals and/or requirement have been withdrawn: Section 2(d) Refusal – Likelihood Of Confusion Section, 2(e)(1) Refusal - Merely Descriptive, Cannabis-Related Goods Refusal – No Bona Fide Intent To Lawfully Use In Commerce, FDCA Refusal – No Bona Fide Intent To Lawfully Use In Commerce and provide Information About Goods Required. See TMEP §713.02.
The following is a SUMMARY OF ISSUES that applicant must address:
Applicant must respond to all issues raised in this Office action and the previous November 1, 2019 Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
The following are examples of acceptable identifications for information services: “providing comparison shopping information about automobiles by means of the Internet” is classified in International Class 35, “providing online information regarding financing and insuring an automobile” is classified in International Class 36, “providing an Internet website that features information about automotive maintenance and repair service” is classified in International Class 37, and “providing information in the field of nursing” is classified in International Class 44.
Applicant may adopt the following identification, if accurate:
International Class 35
“Educational and entertainment services, namely, providing a website featuring business information about cannabis dispensaries, information about business management and business opportunities in the field of cannabis and providing reviews about products containing cannabis to consumers for commercial purposes.”
International Class 41
“Educational and entertainment services, namely, providing a website featuring information in the field of current events relating to cannabis and about the social and recreational use of cannabis.”
International Class 44
“Educational and entertainment services, namely, providing a website featuring information about health benefits of cannabis and the uses of cannabis in the medical industry.”
International Class 45
“Educational and entertainment services, namely, providing a website featuring information about cannabis laws.”
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(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 goods and/or services that are classified in at least four (4) classes; however, applicant submitted a fee(s) sufficient for only three (3) classes. 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class Application webpage.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/L. Dantzler/
Lauren A. Dantzler
Examining Attorney
Law Office 122
(571) 272-7348
lauren.dantzler@uspto.gov
RESPONSE GUIDANCE