To: | Constant Contact, Inc. (trademark@cll.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88381181 - CONSTANT CONTACT - 30615.018 |
Sent: | 6/26/2019 3:41:49 PM |
Sent As: | ECOM125@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88381181
MARK: CONSTANT CONTACT
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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: Constant Contact, 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: 6/26/2019
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).
CLASSIFICATION AND IDENTIFICATION OF SERVICES
THIS PARTIAL REQUIREMENT APPLIES TO CLASSES 42 AND 45 ONLY.
Further, the wording “domain name search services for the availability of domain names” in the identification of services is indefinite and must be clarified to specify the intended nature of the services, e.g., domain name search services, namely, conducting online computerized searches for the availability of domain names. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate (additions shown in bold; deletions shown as strikethrough):
International Class 35: ACCEPTABLE AS WRITTEN
Advertising, marketing and promotion services; marketing services provided by means of indirect methods of marketing communications, namely, social media, search engine marketing, inquiry marketing, internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communications channels; consulting services in the fields of marketing, advertising, internet marketing and advertising, and mobile marketing and advertising; marketing consulting services in the fields of marketing and advertising media, social media, email marketing and strategy, and marketing strategy and advertising on search engines; advertising and commercial information services, via the internet
International Class 42:
Design, creation, hosting, maintenance of websites for others; software as a service (saas) services, namely, hosting software for use by others for use in building, designing, managing, customizing and personalizing websites and website services, features, and functions; software as a service (saas) services featuring software for use by others for use in designing, managing, customizing and personalizing websites and websites services, features, and functions; platform as a service (paas) featuring computer software platforms for use by others for use in building, designing, managing, customizing, and personalizing websites and website services, features, and functions; computer website design consultation; design, hosting and maintenance of website security services; hosting websites; server hosting; hosting of databases; hosting of digital content on the Internet; hosting of computer software applications of others, namely, multimedia applications; hosting of computer software applications of others, namely, interactive applications; cloud hosting provider; developing and hosting a server on a global computer network for the purpose of facilitating e-commerce via such a server; domain name search services, namely, conducting online computerized searches for the availability of domain names
International Class 45:
Domain name registration services; domain name registration advisory services; consultancy relating to the registration of domain names; domain name search services for
the availability of domain names
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.
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.
/Melissa Sturman/
Melissa Sturman
Trademark Examining Attorney
Law Office 125
(571) 272-2781
melissa.sturman@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.