To: | Jermaine Hooks (ptomail@shutts.com) |
Subject: | U.S. Trademark Application Serial No. 88360382 - LOCATIONS - 49321.0001 |
Sent: | October 08, 2019 04:01:12 PM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88360382
Mark: LOCATIONS
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Correspondence Address: |
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Applicant: Jermaine Hooks
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Reference/Docket No. 49321.0001
Correspondence Email Address: |
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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: October 08, 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.
This non-final Office action is a response to applicant’s communication filed August 26, 2019.
STATUS
In a first Office action dated June 24, 2019, the examining attorney deferred a search of potentially conflicting marks until such time as applicant clarified the nature of the goods. In addition, the examining attorney required applicant to submit a signed declaration and amend the identification of goods. In its response, applicant 1) Submitted a signed declaration; and 2) Amended the identification of goods. Both are acceptable. The amendment of the identification has resulted in a new issue. This is, therefore, a non-final Office action.
NO CONFLICTING MARKS
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).
REFUSAL—MARK IS MERELY DESCRIPTIVE OF THE GOODS
In this case, applicant has applied to register the mark LOCATIONS for goods identified as, “Downloadable computer application software for mobile phones, namely, software for dining reservations, locations, and reviews.” The software, therefore, is locator software for allowing the user to find the locations of restaurants.
QUESTIONS
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusals or requirements in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
Click to file a response to this nonfinal Office action
/John M. Gartner/
Trademark Examining Attorney
Law Office 102
(571) 272-9255
john.gartner@uspto.gov (informal correspondence)
RESPONSE GUIDANCE