To: | Calm.com, Inc. (pctrademarks@perkinscoie.com) |
Subject: | U.S. Trademark Application Serial No. 88434307 - CALM - 133979-4001 |
Sent: | October 06, 2019 09:13:30 PM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88434307
Mark: CALM
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Correspondence Address:
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Applicant: Calm.com, Inc.
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Reference/Docket No. 133979-4001
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: October 06, 2019
The trademark examining attorney apologizes for any inconvenience caused by the delay in raising this issue.
The following is a SUMMARY OF ISSUES that applicant must address:
• NEW ISSUE: Recitation of Services
• Additional Classes Identified in Application
Applicant must respond to all issues raised in this Office action, within six (6) months of the date of issuance of this Office action. 37 C.F.R. §2.62(a); see TMEP §711.02. If applicant does not respond within this time limit, the application will be abandoned. 37 C.F.R. §2.65(a).
The identification of goods in Class 9 is acceptable as previously submitted.
Recitation of Services
Applicant may adopt the following wording, if accurate: Providing a website featuring information in the field of mindfulness training; entertainment in the nature of prerecorded [indicate subject of messages] messages by [indicate communication method, e.g., e-mail]; entertainment services, namely, providing images and text featuring [indicate subject matter] on-line and in mobile wireless form; entertainment services, namely, providing online non-downloadable auditory works in the field of mindfulness; providing voice overs for recorded media for entertainment and education purposes; providing temporary use of non-downloadable mobile application software for accessing video classes in the field of mindfulness; providing online non-downloadable video classes in the field of mindfulness, in Class 41;
Providing temporary use of non-downloadable mobile application software for accessing video classes in the field of mindfulness, in Class 42; AND
Providing a website featuring wellness information about mindfulness, in Class 44.
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any services that are not within the scope of services set forth in the present identification.
The applicant may wish to consult the on-line identification manual on the PTO homepage for acceptable common names of goods and services:
http://www.gov.uspto.report/web/offices/tac/doc/gsmanual/
Additional Class Identified in Application
The application identifies goods and/or services that are classified in at least four classes; however, applicant submitted fees sufficient for only two classes. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01.
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
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.
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney.
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
/Giancarlo Castro/
Giancarlo Castro
Trademark Examining Attorney
Law Office 110
giancarlo.castro@uspto.gov
571-272-9357
RESPONSE GUIDANCE