To: | FEEDVISOR LTD (trademark@cll.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88370031 - FV - 30694.007 |
Sent: | 6/17/2019 1:33:29 PM |
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. 88370031
MARK: FV
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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: FEEDVISOR LTD
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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: 6/17/2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF 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).
SUMMARY OF ISSUES:
ENTITY CLARIFICATION REQUIRED
Applicant sets forth in the application the legal entity “limited company” and applicant’s address and/or country of organization as Israel. The designation “company” (or the abbreviation “co.”) or “limited company” is typically an acceptable entity designation in a U.S. application for applicants from commonwealth countries. See TMEP §803.03(i). However, applicant has identified an address and/or country of organization that is not a commonwealth country (see http://www.thecommonwealth.org/Internal/142227/members/).
Therefore, applicant must clarify the legal entity in the application. See 37 C.F.R. §§2.32(a)(3), 2.61(b); TMEP §803.03(i). Applicant may do so by (1) specifying the entity type that would be the equivalent of a “limited company” in the United States or (2) providing a description of the nature of the foreign entity that is applying. See TMEP §803.03(i).
IDENTIFICATIONS REQUIRE AMENDMENT
The identification of services are unacceptable because certain services are indefinitely worded. See TMEP §§1402.01, 1402.03.
Applicant may change the wording to the following, if accurate [please note that the current unacceptable entries appear italicized and suggested wording the applicant must provide appears in bold]:
Class 35: Business management and consultation services; Providing business intelligence services; Business management and consultation services for retailers and service providers, namely, providing business data and reports to retailers and service providers enabling optimization of inventory and pricing decisions in respect of products and services offered for sale in online marketplaces and websites, and repricing and sales optimization, inventory replenishment optimization and decision making on launches of new products and general marketplace analysis reports.
Class 42: Application service provider, namely, providing a software as a service
(SAAS) web platform featuring software for use in business management in the field of digital and online advertising, marketing, and analytics, specifically for providing business data and reports to retailers and service providers enabling optimization of inventory and pricing decisions in respect of products and services offered for sale in
online marketplaces and websites, also including and repricing and sales optimization, inventory replenishment optimization and
decision making on launches of new products and services, all for the purpose of improving the efficiency and effectiveness of online marketing and online advertising; application service provider, namely, providing a software as a service (SAAS) web hosting platform
featuring software for use in providing revenue analysis reports, business performance reports and alerts, inventory and sales reports and general marketplace analysis reports, for improving the
efficiency and effectiveness of online marketing and online advertising; application service provider, namely, providing a software as a service (SAAS)
web hosting featuring software for providing periodic business reviews in the field of digital and online advertising, marketing, and
analytics.
TMEP §1402.01.
PLEASE NOTE: An applicant may amend an identification of goods and services only to clarify or limit the goods and services; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.
For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
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.
/Ronald L. Fairbanks/
Ronald L. Fairbanks
Trademark Examining Attorney
Law Office 119
(571) 272-9405
ron.fairbanks@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.