To: | Resources Connection, Inc. (ipprosecution@orrick.com) |
Subject: | U.S. Trademark Application Serial No. 88472492 - HUGO BY RGP - 700227.6031 |
Sent: | September 05, 2019 02:47:48 PM |
Sent As: | ecom120@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88472492
Mark: HUGO BY RGP
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Correspondence Address: ORRICK, HERRINGTON & SUTCLIFFE LLP
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Applicant: Resources Connection, Inc.
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Reference/Docket No. 700227.6031
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
Introduction. The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Summary of issues.
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 marks in the referenced applications. 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.
However, applicant must respond to the following requirement.
The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).
Applicant may adopt the following wording, if accurate (bolded text indicating suggested changes):
In Class 9, Downloadable software for use in the fields of employment staffing and recruiting consultation, namely, downloadable software for sending and receiving text communications to and from employment staffing and recruiting consultants; Downloadable software for use in the fields of employment agency services and temporary employment agency services, namely, downloadable software for sending and receiving text communications to and from business consultants in the fields of professional employment services, accounting, finance, risk management and internal audit, information technology, human resources, legal and regulatory services, supply chain management, freelancers and contract employment; Downloadable software for sending and receiving text communications to and from business consultants for use in the fields of outsourcing human resource, finance, professional employment and accounting services utilizing cloud based tools; Downloadable software for use the fields of managing and administering non-core business functions, namely, downloadable software for sending and receiving text communications to and from business consultants for use in the fields of administration, payroll, accounting, professional employment services, and business information services; Downloadable software for use in the field of accessing employment agency information, namely, downloadable computer software for authorizing access to databases in the fields of temporary employment staffing, recruitment and search services, and professional employment services; Downloadable software for use in accessing project-based professional information, namely, downloadable computer search engine software for use in the fields of searching, locating and identifying experienced professionals for projects for discrete periods
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.
Conclusion. 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 requirement 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.
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. 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
/Joshua S. Toy/
Trademark Examining Attorney
Law Office 120
571-272-4856
joshua.toy@uspto.gov
RESPONSE GUIDANCE