To: | InVue Security Products Inc. (trentkirk@invue.com) |
Subject: | U.S. Trademark Application Serial No. 88453017 - LIVE - T1039/US |
Sent: | March 04, 2020 04:06:03 PM |
Sent As: | ecom104@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88453017
Mark: LIVE
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Correspondence Address:
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Applicant: InVue Security Products Inc.
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Reference/Docket No. T1039/US
Correspondence Email Address: |
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NONFINAL OFFICE ACTION
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: March 04, 2020
This Office action is supplemental to and supersedes the previous Office action issued on August 26, 2019 in connection with this application. Based on information and/or documentation in applicant’s response, the trademark examining attorney now issues the following new requirement: information about goods and services requirement. See TMEP §§706, 711.02.
In a previous Office action dated August 26, 2019, the trademark examining attorney refused registration of the applied-for mark based on Trademark Act Section 2(e)(1) for a merely descriptive mark. In addition, applicant was required to satisfy the following requirements: amend the identification of goods and services and provide attorney’s bar information and attestation of good standing.
Based on applicant’s response, the trademark examining attorney notes that the following requirements have been satisfied: amend the identification of goods and services and provide attorney’s bar information and attestation of good standing. See TMEP §713.02.
REFUSAL CONTINUED AND MAINTAINED: The following refusal is maintained and continued: Section 2(e)(1) Refusal. See TMEP §716.01.
The following is a SUMMARY OF ISSUES that applicant must address:
Applicant must respond to all issues raised in this Office action and the previous August 26, 2019 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).
INFORMATION ABOUT GOODS AND SERVICES REQUIRED
Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade. Factual information about the services must clearly indicate what the services are and how they are rendered, their salient features, and their prospective customers and channels of trade. Conclusory statements will not satisfy this requirement for information.
Further, applicant must provide all the following information:
(1) Explain whether the wording “LIVE” in the mark has any meaning or significance in the trade or industry in which applicant’s goods and services are manufactured or provided, any meaning or significance as applied to applicant’s goods and services, or if such wording is a term of art within applicant’s industry.
(2) Respond to the following questions:
See 37 C.F.R. §2.61(b); TMEP §814.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that information about the goods and services is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
QUESTIONS
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Andrew Crowder-Schaefer/
Trademark Examining Attorney
Law Office 104
(571) 272-0087
andrew.crowderschaefer@uspto.gov
RESPONSE GUIDANCE