To: | iAero Group LLC (NYTEF@jonesday.com) |
Subject: | U.S. Trademark Application Serial No. 88442963 - IA - 033811625001 |
Sent: | August 19, 2019 02:37:30 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. 88442963
Mark: IA
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Correspondence Address:
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Applicant: iAero Group LLC
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Reference/Docket No. 033811625001
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 19, 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 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).
REQUIRED AMENDMENT TO IDENTIFICATION OF SERVICES
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 “sales” from the identification “sales of aircraft, aircraft engines and aircraft parts to others” and indicate with greater specificity the nature of the service in International Class 35; e.g., “retail store services featuring aircraft engines and aircraft parts for others,” “wholesale distributorships featuring aircraft engines and aircraft parts for others,” and “on-line wholesale and retail store services featuring aircraft engines and aircraft parts for others.” For services this wording could also encompass “airplane brokerage services” in Class 36.
Applicant may adopt the following identification, if accurate:
Class 35 (NEW): Retail store services featuring aircraft, aircraft engines and aircraft parts; The bringing together of consumers and providers of aircraft, aircraft engines and aircraft parts enabling customers to conveniently view and purchase those goods
Class 37: [no amendments are required]
Class 39: Air transportation services for cargo; air transportation services for passengers; air charter transportation services for passengers; leasing of aircraft and engines to others
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.
MULTI-CLASS APPLICATION REQUIREMENT
(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 fees already paid (view the USPTO’s current fee schedule). The application identifies services that are classified in at least 3 classes; however, applicant submitted a fees sufficient for only 2 classes. 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.
ATTORNEY BAR INFORMATION AND ATTESTATION REQUIRED
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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
/Melanie A. Singer/
Melanie Singer
Trademark Examiner
Law Office 112
(571) 272-5479
Melanie.Singer@uspto.gov
RESPONSE GUIDANCE