To: | David Worrall (julie@trademarkshop.ca) |
Subject: | U.S. Trademark Application Serial No. 88481816 - HRSP - N/A |
Sent: | September 12, 2019 04:08:14 PM |
Sent As: | ecom128@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88481816
Mark: HRSP
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Correspondence Address: |
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Applicant: David Worrall
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Reference/Docket No. N/A
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 12, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
REQUIREMENT: IDENTIFICATION AND CLASSIFCIATION OF GOODS/SERVICES
In general, commas should be used in an identification (1) to separate a series of related items identified within a particular category of goods or services, (2) before and after “namely,” and (3) between each item in a list of goods or services following “namely” (e.g., personal care products, namely, body lotion, bar soap, shampoo). Id. Semicolons generally should be used to separate a series of distinct categories of goods or services within an international class (e.g., personal care products, namely, body lotion; deodorizers for pets; glass cleaners). Id. Specifically, applicant must remove the numbers in parentheses throughout the identification of services in International Class 35.
Applicant may substitute the following wording, if accurate (with suggested amendments in bold and suggested
deletions in strikethrough:
Class 9: Downloadable
electronic digital books, digital booklets, digital magazines, digital educational course materials, digital brochures, digital pamphlets, digital manuals, and digital guides and searchable databases, all in the fields of human resource management, employee engagement, employee recruiting and development, workforce to business
alignment, the development of strategic partnerships and business management
Class 16: Printed educational and training materials, namely, books, booklets, handbooks, course materials, brochures, pamphlets, manuals, guides in the fields of human resource management, employee engagement, employee recruiting and development, workforce to business alignment, the development of strategic partnerships and business management
Class 35: human resources
management; (2) human resource talent management services, namely, employee recruiting, employee selection, employee retention, employment counselling; business management consultation in the field of professional and executive development; (3) human resources
management services, namely, payroll administration in the form of invoicing, and distributing payment and employee
compensation, conducting employee incentive and rewards programs to promote on the job _____ {specify the goal, e.g., retention, loyalty, and
satisfaction}, validation of time sheets, budget reporting, access to _____ {specify the function provided, e.g., analysis of, processing of, and statistical evaluations
of performance data, implementation and management of customer and employee feedback systems and customized human resources management reporting systems; (4) human resource talent
management services, namely, assessment and identification of human resources, workforce demographic and personnel needs, staffing and placement of employees with required
skill-sets, and providing consultation regarding the development and creation of cultures policies within organizations and businesses as a means of
attracting, developing and retaining employees as well as to promote employee engagement; (5) consulting services in the field of human resource management, namely, employee and total
workforce engagement with and commitment to the employer, organizational effectiveness, and change management practices; (6) consulting services in the fields of business management and human
resources management strategy; (7) consulting services in the field of aligning human resource management with business and organizational strategies and objectives; (8) consulting
services in the field of the business and financial management and operation of human resource management processes and services; (9) human resource management services, namely, consulting and advising in the field of workforce diversity, and inclusion, and advisory
Class 41: Business training in the field of professional and executive development
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.
REQUIREMENT: MULTI-CLASS APPLICATION REQUIREMENTS
(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 fees already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 4 classes; however, applicant submitted fees sufficient for only 3 classes. 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.
REQUIREMENT: U.S. COUNSEL
Applicant must be represented by a U.S.-licensed attorney. An applicant whose domicile is located outside of the United States or its territories is foreign-domiciled and must be represented at the USPTO by an attorney who is an active member in good standing of the bar of the highest court of a U.S. state or territory. 37 C.F.R. §§2.11(a), 11.14; Requirement of U.S.-Licensed Attorney for Foreign-Domiciled Trademark Applicants & Registrants, Examination Guide 4-19, at I.A. (Rev. Sept. 2019) An individual applicant’s domicile is the place a person resides and intends to be the person’s principal home. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. A juristic entity’s domicile is the principal place of business; i.e., headquarters, where a juristic entity applicant’s senior executives or officers ordinarily direct and control the entity’s activities. 37 C.F.R. §2.2(o); Examination Guide 4-19, at I.A. Because applicant is foreign-domiciled, applicant must appoint such a U.S.-licensed attorney qualified to practice under 37 C.F.R. §11.14 as its representative before the application may proceed to registration. 37 C.F.R. §2.11(a). See Hiring a U.S.-licensed trademark attorney for more information.
To appoint a U.S.-licensed attorney. To appoint an attorney, applicant should submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form. The newly-appointed attorney must submit a TEAS Response to Examining Attorney Office Action form indicating that an appointment of attorney has been made and address all other refusals or requirements in this action, if any. Alternatively, if applicant retains an attorney before filing the response, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
RESPONSE GUIDELINES
For this application to proceed, applicant must explicitly address each requirement in this Office Action. 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.
If applicant has any questions or requires assistance in responding to this Office Action, please contact the assigned examining attorney. 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 requirements 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 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
/Nathan C. Ranns/
Trademark Examining Attorney
United States Patent & Trademark Office
Law Office 128
Phone: (571) 270-3776
Nathan.Ranns@uspto.gov
RESPONSE GUIDANCE