To: | Storable, Inc. (tmcentral@pirkeybarber.com) |
Subject: | U.S. Trademark Application Serial No. 88359458 - STORABLE - SPFT006US |
Sent: | January 15, 2020 10:01:23 AM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88359458
Mark: STORABLE
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Correspondence Address: |
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Applicant: Storable, Inc.
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Reference/Docket No. SPFT006US
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: January 15, 2020
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by Clay LaPoint on January 14, 2020, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
PLEASE NOTE: In its December 9, 2019 response, the applicant argued that its proposed mark was not confusingly similar to the cited registration because of differences between the respective goods and services as well as the established channels of trade therefor. After careful consideration of the applicant’s arguments in light of the amended identifications below, the Section 2(d) refusal based on U.S. Registration No. 2178561 (STORABLES) is hereby deemed OVERCOME.
Amendment of the Identification of Goods for International Class 009
The identification of goods for International Class 009 is amended to read as follows:
Downloadable computer software for self-storage facilities, namely, downloadable software used by self-storage facilities for back-end business management, revenue management, accounting, making rental reservations requested by customers, maintaining customer records and customer rental agreements, customer service in the nature of tracking and responding to customer inquiries, creating websites and online marketing materials, and controlling self-storage building environment, access and security systems.
See TMEP §§1402.01, 1402.01(e).
Amendment of the Identification of Services for International Class 035
The identification of services for International Class 035 is amended to read as follows:
Promoting the goods and services of others by providing a website featuring price-comparison information and ratings, reviews and recommendations posted by users of transport and storage services and vehicle storage services provided by others; Providing a web site featuring on-line classified advertisements for storage space posted by users; Promoting the goods and services of others by providing a website featuring links to providers of self-storage and portable storage facilities, moving truck rental services, transport and storage services for the goods of others, and vehicle storage services; providing an online marketplace for buyers and sellers of storage space.
See TMEP §§1402.01, 1402.01(e).
Amendment of the Identification of Services for International Class 036
The identification of services for International Class 036 is amended to read as follows:
Electronic payment processing services for owners of self-storage facilities, namely, providing electronic processing of credit card transactions and electronic payments for owners of self-storage facilities via a global computer network.
See TMEP §§1402.01, 1402.01(e).
Amendment of the Identification of Services for International Class 042
The identification of services for International Class 042 is amended to read as follows:
Software as a service (SaaS) services featuring software for self-storage facilities, namely, providing temporary use of non-downloadable software used by self-storage facilities for back-end business management, revenue management, accounting, making rental reservations requested by customers, maintaining customer records and customer rental agreements, customer service in the nature of tracking and responding to customer inquiries, creating websites and online marketing materials, and controlling self-storage building environment, access and security systems; Designing and creating web sites for others in the field of self-storage.
See TMEP §§1402.01, 1402.01(e).
Deletion of the Identification of Services in International Class 039
The application is amended to delete the identification of services for International Class 039 in its entirety. See TMEP §§1402.01, 1402.01(e).
Applicants, registration owners, attorneys and other Trademark customers are strongly encouraged to correspond with the USPTO online via the Trademark Electronic Application System (TEAS), at www.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. If the 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/teas/eFilingTips.htm and email technical questions to TEAS@uspto.gov.
If the applicant or its appointed attorney has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
/Michael Tanner/
Michael Tanner
Trademark Attorney
Law Office 119
Telephone: 571-272-9706
Email: Michael.Tanner@uspto.gov