To: | HGS Colibrium, Inc. (sgrenald@amasgroup.com) |
Subject: | U.S. Trademark Application Serial No. 88392755 - FORWARD - N/A |
Sent: | July 03, 2019 04:17:33 PM |
Sent As: | ecom112@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88392755
Mark: FORWARD
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Correspondence Address: HBI GROUP, INC., A HINDUJA GROUP COMPANY 415 MADISON AVENUE, 15TH FLOOR
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Applicant: HGS Colibrium, 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: July 03, 2019
The assigned trademark examining attorney has reviewed the referenced application and
has determined the following:
The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
Identification of Services
The identification of services is unacceptable as indefinite. The applicant must clarify the identification of services by specifying the common commercial name for the services being provided because the following wording is vague and requires greater specificity: “Providing a mobile application for promoting the plans of others which features price-comparison information, product reviews, and federal subsidy information; .” See TMEP §1402.01.
**Please Note: Suggested Acceptable Descriptions appear in Bold/Italicized font. Unacceptable descriptions appear Underlined/Bold.
Applicant may adopt the following identifications, if accurate:
International Class 09: Downloadable mobile applications for promoting the health plans of others which features price-comparison information, product reviews, and federal subsidy information
International Class 35: Customer service management for others; Providing health insurance exchanges in the nature of a marketplace that offers purchasers of health insurance a variety of plans from different health insurance providers; Assisting individuals and businesses with enrolling in health insurance coverage and plans of others, by providing information, related to consumer information regarding plan options, products and programs; Assisting individuals with enrolling in health insurance plans of others by providing information related to consumer information regarding insurance plan options, products and programs; Promotion of health insurance services on behalf of third parties; Sales promotion for others; sales management services; Business management; Business administration services
International Class 36: Providing an online service featuring health insurance brokerage services and information about health insurance coverage and products; Health insurance information services; Health insurance services, namely, providing information and online computer databases for review of insurance policy terms, conditions and rates
International Class 42: Platform as a service (PAAS) featuring computer software platforms for use in customer relationship management (CRM); Platform as a service (PAAS) featuring web based applications for use in processing electronic business transactions, managing inventory data, management and processing of health insurance forms and applications, and risk assessment, all in the fields of sales-automation and underwriting of health insurance products; Platform as a service (PAAS) featuring web based applications for use in database management, for health insurance exchanges, for storing, managing, tracking and analyzing health insurance data; Platform as a service (PAAS) featuring web based applications for use in customer relationship management (CRM), leads generation, tax subsidy calculation, policy tracking, and sales attribution in the health insurance industry; Platform as a service (PAAS) featuring web based applications that enables users to compare health insurance plans and estimate health insurance plan costs; Platform as a service (PAAS) featuring web based applications for technology that enables users to purchase health insurance coverage and health insurance products
For assistance with identifying and classifying services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
Classification
Multiple Class Application
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least 4 classes; however, applicant submitted fees sufficient for only 3 classes. Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for class 35, 36 and 42; and applicant needs a specimen for class 09. See more information about specimens.
Examples of specimens for goods include tags, labels, instruction manuals, containers, and photographs that show the mark on the actual goods or packaging, or displays associated with the actual goods at their point of sale. Webpages may also be specimens for goods when they include a picture or textual description of the goods associated with the mark and the means to order the goods.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods listed in the application at least as early as the filing date of the application.” See more information about verification.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
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.
Instructions for Substitute Specimen
To submit a verified specimen or verified substitute specimen online using the Trademark Electronic Application System (TEAS) response form, (1) answer “Yes” to form wizard question #2; and then, continuing on to the next portion of the form, under the heading “Classification and Listing of Goods/Services/Collective Membership Organization,” do the following for each relevant class for which a specimen is being submitted: (2) check the box next to the following statement: “Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration. If not checked, the changes will be ignored.”; (3) under “Specimen File,” attach a specimen (attachment may not exceed 5 megabytes); (4) describe in the box below where you attached the file what the specimen consists of; and (5) check the box next to the following statement below the specimen description (to ensure that the declaration language is inserted into the form): “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application” [for an application based on Section 1(a), Use in Commerce] OR “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use” [for an application based on Section 1(b) Intent-to-Use]. Additionally, when submitting a verified specimen, the TEAS online form requires two signatures: one in the “Declaration Signature” section and one in the “Response Signature” section.
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
/Jay K. Flowers/
United States Patent and Trademark Office
Trademark Examining Attorney
Law Office 112
571.272.8202
jay.flowers@uspto.gov
RESPONSE GUIDANCE