To: | Four Seasons Hotels Limited (klim-docket@fzlz.com) |
Subject: | U.S. Trademark Application Serial No. 88466936 - FOUR SEASONS - FSH 1907743 |
Sent: | September 05, 2019 02:36:12 PM |
Sent As: | ecom125@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88466936
Mark: FOUR SEASONS
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Correspondence Address: 151 WEST 42ND STREET, 17TH FLOOR
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Applicant: Four Seasons Hotels Limited
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Reference/Docket No. FSH 1907743
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 05, 2019
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).
Summary of Issues:
Classification and Identification of Services
The wording “Arranging travel tours” in the identification of services for International Class 39 must be clarified because it is indefinite and 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 transport services in Class 39 and guided tour-type services in Class 41.
The wording “bellhop services” in the identification of services is indefinite and must be clarified because the nature of the services is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. It also appears the services may be misclassified. Hotel concierge services and personal concierge services, for instance, are classified in International Class 45.
The wording “taking and delivery of messages” in the identification of services is indefinite and must be clarified because it does not make clear what the services are. This wording in International Class 39 must also 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. For instance, message delivery is classified in International Class 39, delivery of messages by electronic transmission is classified in Class 38, and telephone answering services is classified in Class 35.
The wording “making requested personal arrangements” in the identification of services is indefinite and must be clarified because the nature of the services is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. It also appears the services may be misclassified. Personal concierge services for others comprising making requested personal arrangements to meet individual needs, for instance, are classified in International Class 45.
The wording “arranging for delivery of flowers and other gifts” in the identification of services for International Class 39 must be clarified because it is indefinite and 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 the delivery of goods in Class 39, and providing a personal concierge-type service in class 45.
Applicant may substitute the following wording, if accurate:
Class 039: Arranging of transportation for travel tours; escorting of travelers; transport of travelers by limousine; providing travel and transportation information and making reservations for travel and transportation; cruise ship services; taking and delivery of messages, namely, {clarify the nature of the services in class 39, e.g. message delivery, delivery of messages by courier}; arranging for delivery of flowers and other gifts, namely, {clarify the nature of the services in class 39, e.g. delivery of flowers and other tangible gifts}
Class 041: Arranging travel tours, namely, {clarify the nature of the services in class 41, e.g. arranging and conducting guided hiking tours, arranging and conducting guided tours of cruise ships}
Class 045: Bellhop services, namely, {clarify the nature of the services, e.g. hotel concierge services, personal concierge services for others comprising making requested personal arrangements and reservations, running errands and providing customer specific information to meet individual needs, all rendered in hotels and resorts}; personal concierge services for others comprising making requested personal arrangements to meet individual needs; arranging for delivery of flowers and other gifts, namely, {clarify the nature of the services in class 45, e.g. personal concierge services for others comprising making requested personal arrangements for the delivery of flowers and other gifts and running errands related to that delivery}
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.
Multiple-Class Application Requirements
(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 three classes; however, applicant submitted a fee(s) sufficient for only one 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.
Additional Fees
If applicant adopts the suggested amendment of the services, then applicant must amend the classification to International Classes 39, 41 and 45. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§805, 1401. 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.
Response Guidelines
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
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
/Leslie Ann Thomas-Riggs/
Leslie Ann Thomas-Riggs
Trademark Examining Attorney
USPTO, Law Office 125
(571) 272-5469
leslie.thomas-riggs@uspto.gov
RESPONSE GUIDANCE