To: | WDYWT, Inc. (legal@identify.fit) |
Subject: | U.S. Trademark Application Serial No. 88447010 - IDENTIFY - N/A |
Sent: | August 22, 2019 12:55:20 PM |
Sent As: | ecom104@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88447010
Mark: IDENTIFY
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Correspondence Address: 1603 W VALLEY BLVD PO BOX 3641
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Applicant: WDYWT, 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 22, 2019
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).
· SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Applicant has applied for the standard character mark “IDENTIFY” for the services identified as “Online social networking services accessible by means of downloadable mobile applications.”
“Whether consumers could guess what the [service] is from consideration of the mark alone is not the test.” In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
Here, the applied-for mark IDENTIFY means “Establish or indicate who or what (someone or something) is” and the mark immediately describes that the applicant’s online social networking services will feature or involve the ability to establish or indicate who or what someone or something is. See attached dictionary definition evidence. Indeed, the attached evidence from the applicant’s website http://identify.fit/ shows that the applicant’s social networking services will provide users the ability to “tag the items on your outfit” or to identify the specific items shown. Thus the applied-for mark immediately describes a feature or characteristic of the applicant’s social networking services, namely, that the enable users to establish or indicate who or what someone or something is.
For purposes of evaluating a trademark, material obtained from the Internet is generally accepted as competent evidence. See In re Bayer Aktiengesellschaft, 488 F.3d 960, 966, 82 USPQ2d 1828, 1833 (Fed. Cir. 2007); In re Reed Elsevier Props., Inc., 482 F.3d 1376, 1380, 82 USPQ2d 1378, 1381 (Fed. Cir. 2007); TBMP §1208.03; TMEP §710.01(b).
Thus as the applied for mark merely describes a feature or characteristic of the applicant’s services, the applied-for mark is not entitled to registration under Trademark Act Section 2(e)(1) on the Principal Register.
DOMICLE REQUIRED
To provide applicant’s domicile address. After opening the correct TEAS response form and entering the serial number, answer “yes” to wizard question #5, and provide applicant’s street address on the “Owner Information” page.
Applicant must be represented by a U.S.-licensed attorney because it is not clear that applicant’s current address supports domicile in the United States. Applicants domiciled outside the United States must be represented by a U.S.-licensed attorney at the USPTO. 37 C.F.R. §2.11(a). This application will not proceed to registration without such appointment and representation. See 37 C.F.R. §§2.2(o), 2.11(a). See Hiring a U.S.-licensed trademark attorney for more information. If applicant can establish domicile in the United States, this requirement may be withdrawn, however, applicant may still wish to hire a private attorney who specializes in trademark matters to assist in the process because of the legal technicalities and strict deadlines of the trademark application process. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
To appoint or designate a U.S.-licensed attorney. To appoint an attorney, applicant should (1) submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form and (2) promptly notify the trademark examining attorney that this TEAS form was submitted. Alternatively, if applicant has already retained an attorney, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
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
/Natalie L. Kenealy/
Examining Attorney
Law Office 104
571-272-7817
Natalie.Kenealy@uspto.gov
RESPONSE GUIDANCE