To: | Radar Relay, Inc. (scott@SandersonIPLaw.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88364418 - RADAR - 41001 |
Sent: | 6/18/2019 10:19:49 PM |
Sent As: | ECOM117@USPTO.GOV |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88364418
MARK: RADAR
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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: Radar Relay, 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: 6/18/2019
SEARCH OF OFFICE’S DATABASE OF MARKS
ADVISORY – PRIOR-FILED APPLICATION
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
REQUIREMENT – AMEND IDENTIFICATION OF SERVICES
For the reasons set forth below, specific wording in the identification of services is unacceptable as indefinite and/or too broad and must be clarified.
International Class 36
The wording “blockchain consulting services” must be clarified because it is too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass financial consulting in the field of blockchain technology classified in International Class 36 and consulting services in the field of blockchain-based software technology classified in International Class 42. Therefore, applicant must amend the identification to clarify the type of consulting services and incorporate language that further clarifies the nature of the “blockchain” subject matter or field of use.
The wording “digital asset exchange services; financial services, namely, order books for decentralized digital asset trading; financial services, namely, digital asset price quotations” is indefinite and must be clarified because the nature of the services remains unclear. Applicant must amend the identification to further clarify the nature of the services using common commercial or generic terms to describe the services.
International Class 42
The wording “non-downloadable software for use in trading, clearing and confirmation for exchange market transactions in the field of digital assets; non-downloadable software for use in providing order books for decentralized trading of digital assets” must be clarified because it is too broad and could include goods and services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording is indefinite because the nature of the goods and/or services and the specific function of the software remains unclear. Additionally, this wording is too broad because it could encompass recorded software classified in International Class 9 and providing online, non-downloadable software classified in International Class 42. For proper classification in International Class 42, descriptions of non-downloadable software services must indicates that they are provided online, via a website, on a temporary basis, or are otherwise web-based. Therefore, applicant must amend the identification to clarify the nature of the goods and/or services and classify the goods accordingly. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.
Applicant may adopt the following wording, specified in bold, if accurate
International Class 9: Recorded software for use in trading, clearing and confirming the value of [indicate what is being traded, cleared and confirmed, e.g., cryptocurrency, bitcoins, digital tokens, digital currency] for exchange market transactions in the field of digital assets; recorded software for use in providing order books in the nature of [clarify nature of “order books”, e.g., real-time listings of purchase orders] for exchange market transactions when conducting decentralized trading of digital assets;
International Class 36: [Clarify type of services classified in international Class 36, e.g., financial] consulting in the field of blockchain [incorporate language that further clarifies the nature of the blockchain field of use, e.g., technology]; digital asset exchange services, namely,[clarify nature of the services using common commercial or generic terms, e.g., cryptocurrency exchange services, cryptocurrency exchange services featuring blockchain technology, cryptocurrency trading services, etc.]; financial services, namely, [clarify nature of the services using common commercial terms and clarify nature of “order books”, e.g., providing financial information in the nature of order books being real-time listings of purchase orders related to cryptocurrency trading on a decentralized exchange; financial services, namely, digital asset price quotations being [clarify nature of services using common commercial or generic terms, e.g., cryptocurrency exchange price quotations];
International Class 42: Providing online, non-downloadable software for use in trading, clearing and confirming the value of [indicate type of financial instrument being traded, cleared and confirmed, e.g., cryptocurrency, bitcoins, digital tokens, digital currency] for exchange market transactions in the field of digital assets; Providing online, non-downloadable software for use in providing order books in the nature of [clarify nature of “order books”, e.g., real-time listings of purchase orders] for exchange market transactions when conducting decentralized trading of digital assets; consulting services in the field of [incorporate language that further clarifies the nature of the blockchain field of use, e.g., blockchain-based software technology].
Scope Advisory
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 (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least 3 classes; however, applicant submitted a fee(s) sufficient for only 2 class(es). Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for classes 36 and 42; and applicant needs a specimen for class 9. See more information about specimens.
Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.
Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and website printouts that show the mark used in the actual sale, rendering, or advertising of the services.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
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.
ASSISTANCE
/Rhoda Nkojo/
Examining Attorney
Law Office 117
(571)272-8468
Rhoda.Nkojo@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.