To: | Bonfire Digital Pty Ltd (docket@flynnthiel.com) |
Subject: | U.S. Trademark Application Serial No. 88481783 - BONFIRE - 2617.T0004US |
Sent: | September 11, 2019 04:37:46 PM |
Sent As: | ecom101@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. 88481783
Mark: BONFIRE
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Correspondence Address:
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Applicant: Bonfire Digital Pty Ltd
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Reference/Docket No. 2617.T0004US
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 11, 2019
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.
RECITATION OF SERVICES
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.
Applicant has classified “provision of hyperlinks on a website; provision of links to other websites” in International Class 42; however, the proper classification is International Class 38. Therefore, applicant may respond by (1) adding International Class 38 to the application and reclassifying these goods and/or services in the proper international class, (2) deleting “provision of hyperlinks on a website; provision of links to other websites” from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified goods and/or services in the proper international class. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.
The following wording in bold print in Class 42 in the identification of services is indefinite and must be clarified because it does not put consumers on notice as to the nature of the services. 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.
Creating indexes of online websites and information sources; provision of hyperlinks on a website; provision of links to other websites; search engine feeder services; search engine optimisation services; creating and designing web pages for others; hosting computer sites (web sites); hosting of weblogs (blogs); graphic design services; creating and maintaining web sites for others; hosting computer sites (web sites); web site design
The following is acceptable:
Class 35 - Search engine optimisation services for sales promotion; Advertising; advertising agencies; advertising agency services; advertising analysis; advertising services provided over the Internet; advisory services relating to advertising; business advertising services relating to franchising; business advice relating to advertising; business consultation relating to advertising; consultancy relating to advertising; electronic advertising services; graphic advertising services; information services relating to advertising; online advertising on a computer network; promotion (advertising) of business; promotional advertising services; providing information, including online, about advertising, business management and administration and office functions; research services relating to advertising; writing advertising copy; advice relating to business management; advisory services for business management; advisory services relating to business management; business management; business management advice; business management advisory services; business management and administration services supporting utilisation of a global computer network; business management and organization consultancy; consultancy relating to business management; advertising services provided over the Internet; compilation of advertisements for use as web pages on the Internet; compilation of directories for publishing on the Internet; rental of advertising space on the Internet; marketing agency services; online promotion on a computer network; compilation of advertisements for use as web pages on the Internet
Class 38 - Provision of hyperlinks on a website; provision of links to other websites
Class 42 - Search engine feeder services, namely, monitoring, analyzing, and reporting on search engine contents and applications; Creating indexes of online websites and information sources; search engine feeder services; search engine optimisation services; creating and designing web pages for others; hosting computer sites (web sites); hosting of weblogs (blogs); graphic design services; creating and maintaining web sites for others; hosting computer sites (web sites); web site design
(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 goods and/or services that are classified in at least 3 classes; however, applicant submitted a fee(s) sufficient for only 2 class(es). 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.
SEARCH OF OFFICE’S DATABASE OF MARKS
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.
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
/Robert Clark/
Robert Clark
Examining Attorney
Law Office 101
571-272-9144
Robert.Clark@uspto.gov
RESPONSE GUIDANCE