Offc Action Outgoing

POPULUS FINANCIAL

POPULUS FINANCIAL GROUP, INC.

U.S. Trademark Application Serial No. 88481779 - POPULUS FINANCIAL - 616207-3093

To: POPULUS FINANCIAL GROUP, INC. (IPDocketing@foley.com)
Subject: U.S. Trademark Application Serial No. 88481779 - POPULUS FINANCIAL - 616207-3093
Sent: April 05, 2020 06:10:24 PM
Sent As: ecom117@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

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

 

U.S. Application Serial No. 88481779

 

Mark:  POPULUS FINANCIAL

 

 

 

 

Correspondence Address: 

KAY LYN SCHWARTZ

FOLEY & LARDNER LLP

2021 MCKINNEY AVE., SUITE 1600

DALLAS TX 75201

 

 

 

Applicant:  POPULUS FINANCIAL GROUP, INC.

 

 

 

Reference/Docket No. 616207-3093

 

Correspondence Email Address: 

 IPDocketing@foley.com

 

 

 

FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA).  A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action. 

 

 

Issue date:  April 05, 2020

 

This Office action is in response to applicant’s communication filed on March 12, 2020.  The amendments and limitations to the recitations of services, the disclaimer, and the fees for the additional class are acceptable.  The Section 2(d) refusal is withdrawn.

 

The examining attorney has carefully reviewed the applicant’s response and determined that the following requirements are outstanding and now made FINAL.

 

Services

 

The identification of services is partially indefinite and must be clarified to eliminate confusion as to the specific promotional and business management services that the applicant provides and expressly excludes.  The applicant also misspelled “event”.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

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).

 

Applicant may adopt the following identification, if accurate:

 

Promoting the deposit account banking services of others through digital media, printed and audio promotional materials and retail sales personnel; customer service management for others in the field of online banking; providing business management and business consulting services to holding companies and subsidiaries and affiliates thereof all in the financial services industry; providing business development and management of brands for holding companies, subsidiaries and affiliates thereof all in the financial services industry, specifically excluding entertainment content, and multimedia entertainment content intended for display on television broadcast, cable, internet-based platforms, theatrical, home video, or other entertainment distribution platforms and excluding entertainment products, licenses, advertising or other promotions for radio shows, television shows, motion pictures, and multimedia entertainment content; providing business development and management of brands for holding companies, subsidiaries and affiliates thereof all in the financial services industry, specifically excluding the promotion of the goods and services of others for government buildings, sports facilities, exhibition arenas, event halls, event spaces, convention centers, educational buildings, entertainment districts and mixed-used buildings and excluding commercial administration of the licensing of the goods and services of others generated through sponsorship for radio shows, television shows, motion pictures, and multimedia entertainment content intended for display on television, broadcast, cable, internet-based platforms, theatrical, home videos, or other entertainment distribution platforms.  International Class 35.

 

International Class 36 is acceptable as amended.

 

 

These requirements are made FINAL.

 

THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN

 

If applicant does not timely respond within six months of the issue date of this final Office action, the following services to which the final requirements apply will be deleted from the application by Examiner’s Amendment:  “Holding company services, namely, providing business management and business consulting services to its subsidiaries and affiliates in the financial services industry; holding company services, namely, providing business development and branding, namely, management of brands for its subsidiaries and affiliates in the financial services industry, specifically excluding entertainment content, and multimedia entertainment content intended for display on television broadcast, cable internet-based platforms, theatrical, home video, or other entertainment distribution platforms, and further specifically excluding the promotion of good and services of others as integrated into government buildings, sports facilities, exhibition arenas, even halls, even spaces, convention centers, educational buildings, entertainment districts, and mixed-used buildings: commercial administration of the licensing of the goods and services of others generated through sponsorship relationships limited to entertainment content, namely, radio shows, television shows, motion pictures, and multimedia entertainment content intended for display on television, broadcast, cable, internet-based platforms, theatrical, home videos, or other entertainment distribution platforms, and further specifically excluding the promotion of goods and services of others as integrated into government buildings, sports facilities, exhibition arenas, even halls, even spaces, convention centers, educational buildings, entertainment districts, and mixed-used buildings”.  37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).

 

In such case, the application will proceed for the following services only: “Promoting the deposit account banking services of others through digital media, printed and audio promotional materials and retail sales personnel; customer service management for others in the field of online banking” and “Financial services, namely, check cashing and credit card authorization services; financing of loans; deposit account services, namely, transaction account and savings account services; debit card transaction processing services; bill payment services; electronic transfer of funds and currency transfer services; cash distribution, namely, electronic cash transaction services; financial services, namely, vehicle title loans; cash withdrawal services, namely, ATM banking services; loan financing; online loan services; arranging of loans; money order services; financial services, namely, money lending services; installment loans; financial management, namely, providing an internet website portal in the fields of online financial transaction and payment processing services and consumer transaction account and savings account services all via the Internet; holding company services, namely, providing financial analysis and research services to subsidiaries and affiliates; financial loan consultation; management of checking account services, including checkless transaction account services”.  

 

Applicant may respond to this final Office action by providing one or both of the following:

 

(1)       A request for reconsideration that fully resolves all outstanding requirements and refusals; and/or

 

(2)       An appeal to the Trademark Trial and Appeal Board with the required filing fees.

 

TMEP §715.01; see 37 C.F.R. §2.63(b)(1)-(2).

 

.

 

How to respond.  Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).

 

 

/D. Beryl Gardner/

Trademark Examining Attorney

Law Office 117

571-272-9162 (O)

571-273-9162 (F)

beryl.gardner@uspto.gov

 

 

 

 

 

 

RESPONSE GUIDANCE

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

 

 

 

U.S. Trademark Application Serial No. 88481779 - POPULUS FINANCIAL - 616207-3093

To: POPULUS FINANCIAL GROUP, INC. (IPDocketing@foley.com)
Subject: U.S. Trademark Application Serial No. 88481779 - POPULUS FINANCIAL - 616207-3093
Sent: April 05, 2020 06:10:25 PM
Sent As: ecom117@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on April 05, 2020 for

U.S. Trademark Application Serial No. 88481779

 

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. 

 

 

/D. Beryl Gardner/

Trademark Examining Attorney

Law Office 117

571-272-9162 (O)

571-273-9162 (F)

beryl.gardner@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 April 05, 2020, 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.”

 

 

 


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