To: | Corsair (docket@hollandhart.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88381354 - CORSAIR - TBD |
Sent: | 6/24/2019 6:01:29 PM |
Sent As: | ECOM114@USPTO.GOV |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88381354
Mark: CORSAIR
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Correspondence Address: |
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Applicant: Corsair
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Reference/Docket No. TBD
Correspondence Email Address: |
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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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: 6/24/2019
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.
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).
Identification and Classification of Goods and Services
Class 16
The wording “magazines” “pamphlets” “catalogs” in the identification of goods is indefinite and must be clarified to specify the subject matter. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “stationery articles” “cards” “signs of paper and cardboard” “non-textile labels” “forms” “tickets” in the identification of goods is indefinite and must be clarified because the wording does not make clear the nature of the articles that are included. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. The wording could include goods in other classes.
The wording “loyalty cards” in the identification is indefinite and must be clarified because it is generally services, e.g., “promoting the goods and services of others by means of the issuance of loyalty rewards cards” in Class 35. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “prospectuses” in the identification is indefinite and must be clarified because it is generally a service as in the “preparation and presentation of business prospectuses” in Class 35. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Class 35
The wording “advertising management” “advertising mail” “travel and stay planning and booking” “reservation of tickets” in the identification of goods is indefinite and must be clarified because the wording does not make clear the nature of the services. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The word “sales” in the identification of services in International Class 35 is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.11. To be a registrable service, the activity must be primarily for the benefit of someone other than the applicant. See In re Reichhold Chems., Inc., 167 USPQ 376, 377 (TTAB 1970). “Sales” or “selling” normally refers to selling one’s own goods or services and is not a registrable service rendered for the benefit of others. See TMEP §§1301.01(a)(ii), 1402.11. Therefore, applicant must delete “sale(s)” from the identification and indicate with greater specificity the nature of the service in International Class 35; e.g., “retail store services featuring ___.”
The wording “reviews” in the identification of goods is indefinite and must be clarified because the wording does not make clear it is a goods, e.g., magazines with product reviews. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “arranging of … trips and excursions” in the identification of goods is indefinite and must be clarified to specify, e.g., providing transport for passengers for trips and excursions in Class 39. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “reservation of seats for travel” in the identification of goods is indefinite and must be clarified to specify “booking of seats of travel” in Class 39. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “information on tourism” in the identification of goods is indefinite and must be clarified because it could almost any services from “Promoting tourism in {indicate area or specific geographic location, e.g., Boston, New York metropolitan, Southern California} area” in Class 35 to “dining, accommodations” in Class 43. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording “sightseeing” in the identification of goods is indefinite and must be clarified to specify “providing transport for sightseeing tours.” See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate:
Class 09: Memory cards
Class 16: Newspapers; magazines in the field of [specify, e.g., transportation]; pamphlets in the field of [specify, e.g., transportation]; posters and mini-posters; stationery articles, namely, [specify, e.g., stationery];
catalogs in the field of [specify, e.g., toys]; [specify type, e.g., note] cards; loyalty cards, envelopes; printed signs of paper and cardboard; non-textile labels of paper, printed forms; postcards; prospectuses and
printed tickets
Class 28: Playing cards
Class 35: Advertising services, radio and television advertising, on-line advertising on a computer network; advertising
management, namely, [specify, e.g., pay per click (PPC) advertising management services]; dissemination of advertising material (fliers, samples, prospectuses, printed
matter, free newspapers), dissemination of advertising matter; direct mail advertising services; publication of advertising texts; sales promotion for others; retail store services of magazines with product reviews, newspapers, stationery, toys, perfumes, cosmetics, jewelry; arranging newspaper subscriptions for others; rental of advertising
space, rental of advertising time on any communication media; organization of exhibitions for commercial or advertising purposes; public relations; arranging newspaper
subscriptions for others; promoting the goods and services of others by means of the issuance of loyalty rewards cards; preparation and presentation of business prospectuses
Class 39: Transportation of persons and goods (freight); travel planning and booking, namely,
[specify, e.g., travel planning for individuals, families, and groups for special occasions such as destination weddings and honeymoons, travel route planning, travel booking agencies]; escorting
and transporting travelers; arranging of cruises; arranging trips and excursions, namely, providing transport of passengers for excursions and trips; booking
of seats for travel; reservation of tickets, namely, travel ticket reservation service; rental of vehicles, airplanes, aircraft; information on transportation; information on tourism featuring [specify, e.g., travel and transport information]; providing transport for sightseeing tours; providing reviews of travel service providers
Class 41: Information on tourism, namely, [specify, e.g., conducting guided tours of (indicate facility, e.g., a museum, an historical site, a winery)]
Class 43: Providing reviews of restaurants and hotels; stay planning and booking, namely, reservation and booking of temporary accommodations
Additions to Identification Not Permitted
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. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. 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.
Section 1(b) Requirements for Combined Applications
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 7 classes; however, applicant submitted a fee(s) sufficient for only 3 class(es). Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Class Fees
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
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.
/William T. Verhosek/
William T. Verhosek
Examining Attorney
U.S. Patent & Trademark Off
LO 114/571-272-9464
william.verhosek@uspto.gov
RESPONSE GUIDANCE