Suspension Letter

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  December 21, 2019

 

SUSPENSION INFORMATION

 

 

The application is suspended for the reason(s) specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

The pending applications below have earlier filing dates or effective filing dates than applicant’s application.  If the marks in the applications below register, the USPTO may refuse registration of applicant’s mark under Section 2(d) because of a likelihood of confusion with the registered marks. 15 U.S.C. §1052(d); see 37 C.F.R. §2.83; TMEP §§1208.02(c). Action on this application is suspended until the prior-filed application(s) below either registers or abandons.  37 C.F.R. §2.83(c).  Information relevant to the applications below is provided in this letter.

 

            - U.S. Application Serial No(s). 88041128, 87884410, 87871523, 87871518, 87813443, 87813439, 87813432, 87874168, 88199198, 86918755, 87874124, 87077697, 87307987, 86415344, and 86918755

 

Suspension process.  The USPTO will periodically check this application to determine if it should remain suspended.  See TMEP §716.04.  As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension.  TMEP §716.05. 

 

No response required.  Applicant may file a response, but is not required to do so. 

 

REQUIREMENTS/REFUSALS ARE CONTINUED/MAINTAINED

1. The citation of Application No. 87465336 is withdrawn/has been obviated as the application has abandoned.  It also is noted that applicant stated cited Application No. 87077697 abandoned, but that is in accurate.

 

2.      The refusal under Section 2(d) is continued.  In light of the broad amended identification of services where such services could feature the goods and services listed in the cited registrations and pending applications, the refusal must be maintained.

 

3.      The requirement for clarification of the identification of services is continued (and the deletion of Class 9 is noted).  “Providing an online marketplace connecting experts, consumers, and sellers in the fields of specialty goods and services, customized experiences, sporting excursions, customized travel and accessories therefor” must be clarified.  “Connecting experts” is indefinite.  Online marketplaces are generally websites where third-parties provide a place where sellers offer items for sale and users/consumers have the opportunity to purchase them or they exchange items.  Here, it is not clear from the identification what the services involving “connecting experts” refers to (applicant discussed the meaning in its response, but the identification itself must be clarified so that the meaning of the term is obvious).  Thus, clarification is required.  Please also keep in mind that the identification may not be amended to be beyond the scope of the original identification.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant also must clarify the nature of “customized experiences.”

 

“Provision of an online marketplace for buyers of goods and services in the fields of specialty goods and services, customized experiences, sporting excursions, customized travel and accessories therefor” also must be clarified by clarifying “provision of an online marketplace for buyers of goods and services.”  An online marketplace generally refers to a website that enables third party sellers and buyers to exchange items.  Because the identification mentions only “buyers” (and based on a review of the specimen), it appears that the services may be more in the nature of an online retail store service or similar type of online retail services.  If that is the case, then applicant must clarify the nature of the “marketplace”/retail type service and specify the field of the goods featured by such services. 

 

Please also note that, when identifying retail store, wholesale store, online ordering services, etc., it is necessary to indicate the field of goods featured by such services.  In this case, applicant would need to further clarify the field or general type of goods featured by the “specialty goods and services” and the “customized experiences.”

 

ADVISORIES

 

1.      Please also note that an additional search of the Office records will still be conducted upon receipt of a more specific identification of services.  Because the identification still appears to encompass retail type services, it appears that applicant could be providing services featuring all types of different goods and services.  Thus, the identification must be clarified in order to conduct a proper search of the Office records for conflicting marks.

 

2.      Please also note that if the identification of services is amended to show that the services feature the curating of goods/services in some way, then a new refusal under Section 2(e)(1) on the basis the mark is merely descriptive may issue.  Please keep in mind, however, that applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.

 

Please do not hesitate to contact the undersigned with any questions.

 

/MaureenDallLott/

 

Maureen Dall Lott

Trademark Examining Attorney, Law Office 105

United States Patent and Trademark Office

571-272-9714

maureen.lott@uspto.gov

 

 

 

 

 

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on December 21, 2019 for

U.S. Trademark Application Serial No. 88374524

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

Lott, Maureen D.

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”