Priority Action

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

PRIORITY ACTION

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:  September 10, 2019

 

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Applicant must address issues shown below.  On September 5, 2019, the examining attorney and Ms. Joi A. White, Esq. discussed the issues below.  Applicant must timely respond to these issues.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.

 

Summary of Issues:

 

• Section 2(e)(1) Refusal – Merely Descriptive
• Amendment to Identification of Goods and/or Services Required

 

Section 2(e)(1) Refusal – Merely Descriptive

 

Registration is refused because the applied-for mark merely describes a feature and/or purpose of applicant’s goods and/or services.  Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.

 

A mark is merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose, or use of an applicant’s goods and/or services.  TMEP §1209.01(b); see, e.g., In re TriVita, Inc., 783 F.3d 872, 874, 114 USPQ2d 1574, 1575 (Fed. Cir. 2015) (quoting In re Oppedahl & Larson LLP, 373 F.3d 1171, 1173, 71 USPQ2d 1370, 1371 (Fed. Cir. 2004)); In re Steelbuilding.com, 415 F.3d 1293, 1297, 75 USPQ2d 1420, 1421 (Fed. Cir. 2005) (citing Estate of P.D. Beckwith, Inc. v. Comm’r of Patents, 252 U.S. 538, 543 (1920)). 

 

Applicant has applied for the mark SONGCLIP (standard characters) for

 

“Computer software for use in selecting, combining and pairing music, songs, audio and sounds with videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; API (Application Programming Interface) software for use by others to develop software that allows users to select, combine and pair music, songs, audio and sounds with videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Computer software for use in searching for music, songs, audio, sounds, artists, lyrics, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; API (Application Programming Interface) software for use by others to develop software that allows users to search for music, songs, audio, sounds, artists, lyrics, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Computer software for use in downloading, uploading and sharing videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers featuring music, songs, audio or sounds; API (Application Programming Interface) software for use by others to develop software that allows users to select, download, upload and share videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers featuring music, songs, audio or sounds; Computer software for use in recommending music, songs, audio and sounds to pair with videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; API (Application Programming Interface) software for use by others to develop software that recommends music, songs, audio and sounds to pair with videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Computer software for editing, shortening, enhancing, and altering files with effects, words, duration and sounds for music, songs, audio, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; API (Application Programming Interface) software for use by others to develop software for editing, shortening, enhancing, and altering files with effects, words, duration and sounds for music, songs, audio, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Computer software for use in creating and saving combinations of music, songs and audio, with videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; API (Application Programming Interface) software for use by others to develop software for creating and saving combinations of music, songs and audio, with videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Computer software for use in categorizing, organizing, sorting and reporting music, songs, audio, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; API (Application Programming Interface) software for use by others to develop software for categorizing, organizing, sorting and reporting music, songs, audio, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Computer software for use in creating and running challenges, contests and puzzles, using music, songs, audio, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; API (Application Programming Interface) software for use by others to develop software for creating and running challenges, contests and puzzles, using music, songs, audio, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Computer software for use in analyzing, collecting and reporting data on user searches, selections, and sharing; API (Application Programming Interface) software for use by others to analyze, collect and report data on user searches, selections, and sharing; Downloadable ring tones, audio, videos, photos, graphics, images and multimedia provided via a website and wireless devices” in International Class 009

 

“Providing temporary use of online non-downloadable software for use in selecting, combining and pairing music, songs, audio and sounds with videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for use in searching for music, songs, audio, sounds, artists, lyrics, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for use in downloading, uploading and sharing videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers featuring music, songs, audio or sounds; Providing temporary use of online non-downloadable software for use in recommending music, songs, audio and sounds to pair with videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for editing, shortening, enhancing, and altering files with effects, words, duration and sounds for music, songs, audio, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for use in creating and saving combinations of music, songs and audio, with videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for use in categorizing, organizing, sorting and reporting music, songs, audio, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for use in creating and running challenges, contests and puzzles, using music, songs, audio, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for use in analyzing, collecting and reporting data on user searches, selections, and sharing; Providing a website to allow users to search for music, songs, audio, sounds, artists, lyrics, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing a website to allow users to upload, download and share music, songs, audio, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing and updating a searchable database of licensed and meta-tagged audio, music, or songs” in International Class 042

 

Generally, if the individual components of a mark retain their descriptive meaning in relation to the goods and/or services, the combination results in a composite mark that is itself descriptive and not registrable.  In re Fat Boys Water Sports LLC, 118 USPQ2d 1511, 1516 (TTAB 2016) (citing In re Tower Tech, Inc., 64 USPQ2d 1314, 1317-18 (TTAB (2002)); TMEP §1209.03(d); see, e.g., Apollo Med. Extrusion Techs., Inc. v. Med. Extrusion Techs., Inc., 123 USPQ2d 1844, 1851 (TTAB 2017) (holding MEDICAL EXTRUSION TECHNOLOGIES merely descriptive of medical extrusion goods produced by employing medical extrusion technologies); In re Cannon Safe, Inc., 116 USPQ2d 1348, 1351 (TTAB 2015) (holding SMART SERIES merely descriptive of metal gun safes); In re King Koil Licensing Co., 79 USPQ2d 1048, 1052 (TTAB 2006) (holding THE BREATHABLE MATTRESS merely descriptive of beds, mattresses, box springs, and pillows). 

 

Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable.  See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).

 

In this case, both the individual components and the composite result are descriptive of applicant’s goods and/or services and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods and/or services.

 

Specifically, the term “SONG” means a piece of music sung or composed for singing while the term “CLIP” means a section of filmed, videotaped, or recorded material. See attached dictionary evidence from Merriam-Webster Dictionary and Collins English Dictionary.  Additionally, the term “SONG” appears in its plural form in applicant’s identification of goods and services, for example, “computer software for editing, shortening, enhancing, and altering files with effects, words, duration and sounds for music, songs, audio, videos, photos, GIFs, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers”, among others.  Therefore applicant’s mark SONGCLIP is merely descriptive where applicant’s goods and/or services feature a section of piece of music sung or composed for singing.

 

Further, applicant uses these terms descriptively on their website to describe the purpose of applicant’s goods and/or services.  See attached Internet evidence from songclip.com. Specifically, applicant promotes that

 

• Songclip is the new way to send quick music messages in texts and social posts by attaching 5-30 seconds of popular songs (e.g., SONG CLIPs) to your videos, photos, GIFs, and emojis.”

 

• “Songclip’s proprietary database of popular music CLIPS (e.g., SONG CLIPs) is fully compliant and licensed.”

 

• “Songclip’s 5-30 second music clips (e.g., SONG CLIPs) provide a new byte-sized format for the music industry that drives global monetization and streaming consumption in support of the music industry.”

 

• “Songclip is the world’s only patented music messaging API platform, making it easy for social and digital companies to offer fully-licensed popular music clips (e.g., SONG CLIPs) as a feature.”

 

• “Social and digital platforms can drive higher engagement by offering byte-sized popular music (e.g., SONG CLIPs) as a new way for your users to express themselves!”

 

Determining the descriptiveness of a mark is done in relation to an applicant’s goods and/or services, the context in which the mark is being used, and the possible significance the mark would have to the average purchaser because of the manner of its use or intended use.  See In re The Chamber of Commerce of the U.S., 675 F.3d 1297, 1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012) (citing In re Bayer Aktiengesellschaft, 488 F.3d 960, 963-64, 82 USPQ2d 1828, 1831 (Fed. Cir. 2007)); TMEP §1209.01(b).  Descriptiveness of a mark is not considered in the abstract.  In re Bayer Aktiengesellschaft, 488 F.3d at 963-64, 82 USPQ2d at 1831. “Whether consumers could guess what the product [or service] is from consideration of the mark alone is not the test.”  In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).

 

Moreover, a mark does not need to be merely descriptive of all the goods or services specified in an application.  In re The Chamber of Commerce of the U.S., 675 F.3d 1297, 1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012); In re Franklin Cnty. Historical Soc'y, 104 USPQ2d 1085, 1089 (TTAB 2012).  “A descriptiveness refusal is proper ‘if the mark is descriptive of any of the [goods or] services for which registration is sought.’”  In re The Chamber of Commerce of the U.S., 675 F.3d at 1300, 102 USPQ2d at 1219 (quoting In re Stereotaxis Inc., 429 F.3d 1039, 1040, 77 USPQ2d 1087, 1089 (Fed. Cir. 2005)).

 

Based on the foregoing, the applied-for mark is merely descriptive of the applicant’s goods and/or services in International Classes 009 and 042.

 

Supplemental Register Advisory

 

Although an amendment to the Supplemental Register would normally be an appropriate response to this refusal, such a response is not appropriate in the present case.  The instant application was filed under Trademark Act Section 1(b) and is not eligible for registration on the Supplemental Register until an acceptable amendment to allege use meeting the requirements of 37 C.F.R. §2.76 has been timely filed.  37 C.F.R. §2.47(d); TMEP §§816.02, 1102.03.

 

If applicant files an acceptable allegation of use and also amends to the Supplemental Register, the application effective filing date will be the date applicant met the minimum filing requirements under 37 C.F.R. §2.76(c) for an amendment to allege use.  TMEP §§816.02, 1102.03; see 37 C.F.R. §2.75(b).  In addition, the undersigned trademark examining attorney will conduct a new search of the USPTO records for conflicting marks based on the later application filing date.  TMEP §§206.01, 1102.03.

 

Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.  However, if applicant responds to the refusal, applicant must also respond to the requirement set forth below.

 

Amendment to Identification of Goods and/or Services Required

 

The identification for software in International Class 009 is indefinite and too broad and must be clarified to specify whether the format is downloadable, recorded, or online non-downloadable.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a).  Downloadable and recorded goods are in International Class 009, whereas providing their temporary, online non-downloadable use is a service in International Class 042.  See TMEP §1402.03(d).

 

Additionally, the term “GIF” must be clarified to specify its common commercial name (e.g., GIF files) to clarify what the nature of a GIF is.  Applicant must amend the identification to specify the common commercial or generic name of the item.  See TMEP §1402.01.  If the item has no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses.  See id.

 

Further, the wording “multimedia” in the identification of goods is indefinite and must be clarified because it does not make certain the nature of the downloadable multimedia (e.g., audio, video, etc.).  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the goods.  See TMEP §1402.01.  If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses.  See id.

 

Moreover, the wording “providing a website to allow users to search” and  “providing a website to allow users to upload, download and share” in the identification of services is indefinite and must be clarified because further specification is required as to the nature of the website.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the services.  See TMEP §1402.01.  If the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language.  See id.

 

Lastly, the identification of goods and/or services contains parentheses.  Generally, applicants should not use parentheses and brackets in identifications in their applications so as to avoid confusion with the USPTO’s practice of using parentheses and brackets in registrations to indicate goods and/or services that have been deleted from registrations or in an affidavit of incontestability to indicate goods and/or services not claimed.  See TMEP §1402.12.  The only exception is that parenthetical information is permitted in identifications in an application if it serves to explain or translate the matter immediately preceding the parenthetical phrase in such a way that it does not affect the clarity or scope of the identification, e.g., “fried tofu pieces (abura-age).”  Id.

 

Therefore, applicant must modify or remove the parentheses from the identification and incorporate any parenthetical information into the description of the goods and/or services.

 

Suggestions of the aforementioned requirements are incorporated into the proposed wording below in bolded font.  Applicant may adopt the following wording, if accurate:

 

“Downloadable computer software for use in selecting, combining and pairing music, songs, audio and sounds with videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable application programming interface (API) software for use by others to develop software that allows users to select, combine and pair music, songs, audio and sounds with videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable computer software for use in searching for music, songs, audio, sounds, artists, lyrics, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable application programming interface (API) software for use by others to develop software that allows users to search for music, songs, audio, sounds, artists, lyrics, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable computer software for use in downloading, uploading and sharing videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers featuring music, songs, audio or sounds; Downloadable application programming interface (API) software for use by others to develop software that allows users to select, download, upload and share videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers featuring music, songs, audio or sounds; Downloadable computer software for use in recommending music, songs, audio and sounds to pair with videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable application programming interface (API) software for use by others to develop software that recommends music, songs, audio and sounds to pair with videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable computer software for editing, shortening, enhancing, and altering files with effects, words, duration and sounds for music, songs, audio, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable application programming interface (API) software for use by others to develop software for editing, shortening, enhancing, and altering files with effects, words, duration and sounds for music, songs, audio, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable computer software for use in creating and saving combinations of music, songs and audio, with videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable application programming interface (API) software for use by others to develop software for creating and saving combinations of music, songs and audio, with videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable computer software for use in categorizing, organizing, sorting and reporting music, songs, audio, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable application programming interface (API) software for use by others to develop software for categorizing, organizing, sorting and reporting music, songs, audio, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable computer software for use in creating and running challenges, contests and puzzles, using music, songs, audio, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable application programming interface (API) software for use by others to develop software for creating and running challenges, contests and puzzles, using music, songs, audio, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Downloadable computer software for use in analyzing, collecting and reporting data on user searches, selections, and sharing; Downloadable application programming interface (API) software for use by others to analyze, collect and report data on user searches, selections, and sharing; Downloadable ring tones, audio, videos, photos, graphics, images and multimedia in the nature of _______ {specify multimedia type} provided via a website and wireless devices” in International Class 009

 

“Providing temporary use of online non-downloadable software for use in selecting, combining and pairing music, songs, audio and sounds with videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for use in searching for music, songs, audio, sounds, artists, lyrics, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for use in downloading, uploading and sharing videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers featuring music, songs, audio or sounds; Providing temporary use of online non-downloadable software for use in recommending music, songs, audio and sounds to pair with videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for editing, shortening, enhancing, and altering files with effects, words, duration and sounds for music, songs, audio, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for use in creating and saving combinations of music, songs and audio, with videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for use in categorizing, organizing, sorting and reporting music, songs, audio, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for use in creating and running challenges, contests and puzzles, using music, songs, audio, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing temporary use of online non-downloadable software for use in analyzing, collecting and reporting data on user searches, selections, and sharing; Providing a website featuring a search engine to allow users to search for music, songs, audio, sounds, artists, lyrics, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing a website featuring technology to allow users to upload, download and share electronic files in the nature of music, songs, audio, videos, photos, GIF files, graphics, images, animations, multimedia files, visual assets, augmented reality files, virtual reality files, holograms, and digital stickers; Providing and updating a searchable database of licensed and meta-tagged audio, music, or songs” in International Class 042

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

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.

 

Response guidelines.  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.

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be 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.

 

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.  

 

 

 

Christopher Hoffman

/Christopher Hoffman/

Trademark Examining Attorney

Law Office 128

(571)272-3351

christopher.hoffman@uspto.gov

 

 

RESPONSE GUIDANCE

 

• Missing the response deadline to this letter will cause the application to abandon.  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 10, 2019 for

U.S. Trademark Application Serial No. 88467393

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

Christopher Hoffman

/Christopher Hoffman/

Trademark Examining Attorney

Law Office 128

(571)272-3351

christopher.hoffman@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from September 10, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond.

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”