To: | Radar Relay, Inc. (scott@SandersonIPLaw.com) |
Subject: | U.S. Trademark Application Serial No. 88364421 - ION - 41002 |
Sent: | January 27, 2020 11:00:59 AM |
Sent As: | ecom117@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88364421
Mark: ION
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Correspondence Address:
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Applicant: Radar Relay, Inc.
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Reference/Docket No. 41002
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: January 27, 2020
This Office action is in response to applicant’s communication filed on December 18, 2019.
In a previous Office action dated June 19, 2019, applicant was required to satisfy the following requirement: amend the identification of goods and/or services.
In its response, applicant submitted an amended identification that contains language that is indefinite and too broad and thus must be further clarified. Accordingly, the trademark examining attorney maintains and now makes FINAL the requirement in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
REQUIREMENT – AMEND IDENTIFICATION AND/OR CLASSIFICATION OF GOODS AND/OR SERVICES
For the reasons set forth below, specific wording in the identification of good and/or services is unacceptable as indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording “…providing education materials live and on-line …” must be clarified because it is indefinite and too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Specifically, use of the wording “providing” and “live and online” in connection with such goods as “educational materials” could include printed educational materials classified in International Class 16, and providing non-downloadable education materials classified in International Class 41. Thus, for all references to this wording, applicant must amend the identification to specify whether it offers educational materials as goods or in connection with the service of providing non-downloadable goods. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.
If accurate, applicant may adopt any or all of the following identifications with suggested language specified in bold:
International Class 16: Printed educational materials in the fields of configuration, use, and operation of digital asset payment channels and digital asset payment channel nodes, development and use of digital asset payment channel computer software applications for use in connection with digital asset payment channels, and payment channel troubleshooting, namely, troubleshooting of problems with computer software for use as a digital asset payment channel;
International Class 41: Educational services, namely, providing non-downloadable education materials in nature of [clarify nature of materials, e.g., articles, reports, videos, etc.] in the field of configuration, use, and operation of digital asset payment channels and digital asset payment channel nodes; educational services, namely, providing non-downloadable education materials in nature of [clarify nature of materials, e.g., articles, reports, videos, etc.] in the field of development and use of digital asset payment channel computer software applications for use in connection with digital asset payment channels; educational services, namely, providing non-downloadable education materials in nature of [clarify nature of materials, e.g., articles, reports, videos, etc.] in the field of payment channel troubleshooting, namely, troubleshooting of problems with computer software for use as a digital asset payment channel; providing information and news in the field of current events relating to digital asset payment channels;
Scope Advisory
Applicant should note that it may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
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 2 classes; however, applicant submitted a fee sufficient for only 1 class. 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 class 41; and applicant needs a specimen for class 16. 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.
PROPER RESPONSE TO FINAL ACTION
Applicant must respond within six months of the date of issuance of this final Office action or the application will be abandoned. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a). Applicant may respond by providing one or both of the following:
(1) A request for reconsideration that fully resolves all outstanding requirements and refusals; and/or
(2) An appeal to the Trademark Trial and Appeal Board with the required filing fees.
TMEP §715.01; see 37 C.F.R. §2.63(b)(1)-(2).
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
Rhoda Nkojo
/Rhoda Nkojo/
Examining Attorney
Law Office 117
(571) 272-8468
Rhoda.Nkojo@uspto.gov
RESPONSE GUIDANCE