To: | Unstoppable Domains, Inc. (trademarks@cobaltlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88470991 - UNSTOPPABLE - UNSTOPPABL38 |
Sent: | September 10, 2019 10:45:00 AM |
Sent As: | ecom128@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88470991
Mark: UNSTOPPABLE
|
|
Correspondence Address:
|
|
Applicant: Unstoppable Domains, Inc.
|
|
Reference/Docket No. UNSTOPPABL38
Correspondence Email Address: |
|
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
Search of Office’s Database of Marks
PRIOR FILED APPLICATION (ADVISORY)
The filing date of pending U.S. Application Serial No. 88361866 precedes applicant’s filing date. See attached referenced application. If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
AMENDMENT REQUIRED – IDENTIFICATION OF SERVICES
Applicant may substitute the following wording in International Class 038, if accurate (proposed amendments in bolded italics):
Electronic messaging; Electronic messaging services; Electronic transmission of messages; Electronic, electric, and digital transmission of voice, data, images, signals, and messages; On-line
services, namely, message sending; Delivery of messages by electronic transmission; Providing on-line forums for transmission of messages among computer users; Providing internet chat rooms;
Providing internet chatrooms; Providing on-line chat rooms for social networking; Providing virtual chat rooms established via text messaging; computer telecommunications services in the nature of providing telecommunications connections to a global computer network; digital audio and video
broadcasting services; providing access to databases, rental of access time to global computer networks, transmission of digital files between devices
For assistance with identifying and classifying 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
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
Shinn, Lauren
/Lauren D. Shinn/
Trademark Examining Attorney
Law Office 128
(571) 270-5230
Lauren.Shinn@USPTO.gov
RESPONSE GUIDANCE