To: | Urban and Regional Planning Group Inc. (derek@plusfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88385623 - MYZONE - N/A |
Sent: | August 05, 2019 09:01:01 PM |
Sent As: | ecom101@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88385623
Mark: MYZONE
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Correspondence Address:
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Applicant: Urban and Regional Planning Group Inc.
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Reference/Docket No. N/A
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: August 05, 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 RESULTS
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 OF SERVICES
The identification of services is indefinite and must be clarified. See TMEP §1402.01. Anything in bold requires deletion, clarification or reclassification.
Class 42: Providing non-downloadable, Internet-based software application for determining real property information, mainly land use information, planning and zoning and land development code
To keep the ID in Class 42, the description must specify that the non-downloadable software is provided on-line, is web-based, or is provided on a temporary basis. Without such specification, the wording “non-downloadable Internet-based software” is broad enough to encompass Class 9 recorded software that is non-downloadable, and the wording “providing non-downloadable, internet-based software” is broad enough to encompass other services such as retail store services featuring recorded software in Class 35. The applicant must clarify the ID and re-classify, if necessary.
Class 42: Providing non-downloadable, on-line software application for determining real property information, mainly land use information, planning and zoning and land development code
OR
Class 42: Providing non-downloadable, web-based software application for determining real property information, mainly land use information, planning and zoning and land development code
Applicant’s goods 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 or add goods 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 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 will further limit scope, and once 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.
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.
How to respond. Click to file a response to this nonfinal Office action
/Jacqueline Abrams/
Trademark Examining Attorney
Law Office 101
571-272-9185
INFORMAL ONLY jacky.abrams@uspto.gov
RESPONSE GUIDANCE