To: | CVM Insurance Strategies, LLC (nuzzo_patent_law@sbcglobal.net) |
Subject: | U.S. Trademark Application Serial No. 88462055 - GREENWRAP - CVM-40100 |
Sent: | September 18, 2019 06:51:31 PM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88462055
Mark: GREENWRAP
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Correspondence Address: LAW OFFICES OF RAYMOND A. NUZZO, LLC
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Applicant: CVM Insurance Strategies, LLC
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Reference/Docket No. CVM-40100
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: September 18, 2019
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.
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).
IDENTIFICATION AND CLASSIFICATION OF SERVICES
The wording “Marketing, distribution, design and development of insurance products, solutions and programs for businesses” in the identification of services for International Class 36 must be clarified because it is too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass marketing services in Class 35, the design and development if insurance policies and insurance plans in Class 36. Moreover, the identification for “distribution” above must be clarified because it is indefinite and too broad; that is, it does not make clear the nature of the specific services and could identify services in more than one international class. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. Generally, “distribution” refers to delivery-type transportation services in International Class 39 rather than retail-related services in International Class 35. SeeTMEP §§1401.02(a), 1402.01, 1402.03. If applicant is engaged in retail-related services, then “distribution” should be amended to “distributorship services in the field of {indicate field, e.g., clothing, auto parts, etc.}” in International Class 35, if accurate. However, if applicant is engaged in delivery-type transportation services, the word “distribution” should be amended to “distribution services, namely, delivery of {indicate field or type of goods, e.g., clothing, auto parts, etc.}” in International Class 39, if accurate. In this case, it is unclear whether the wording “distribution” identifies a service provided for others in the context of the identified insurance products, solutions and programs for businesses.” Applicant may substitute the following wording, if accurate: “marketing services for business insurance products, solutions and programs for others” in Class 35 and “design and development of insurance policies, solutions, and programs for businesses” in Class 36.
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.
Applicant may adopt the following identification and classification of services if accurate
Class 35: marketing services for business insurance products, solutions and programs for others
Class 36: design and development of insurance policies, solutions, and programs for businesses; design and development of insurance policies for others; insurance information consultation; insurance information and consultancy; providing information in insurance matters; insurance consultancy services, namely, providing advice in the field of commercial business insurance and insurance products and programs for businesses
MULTIPLE-CLASS APPLICATION REQUIREMENTS
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.
(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 fee(s) already paid (view the USPTO’s current fee schedule). The application identifies services that are classified in at least 2 classes; however, applicant submitted a fee sufficient for only 1 class. 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.
EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED
How to respond. Click to file a response to this nonfinal Office action
/John M.C. Kelly/
John M.C. Kelly
Examining Attorney
Law Office 119
571-272-9412
john.kelly@uspto.gov
RESPONSE GUIDANCE