To: | American International Relocation Soluti ETC. (dcohen@egsllp.com) |
Subject: | U.S. Trademark Application Serial No. 88482060 - COMPOSER - 13403-7 |
Sent: | August 14, 2019 05:24:16 PM |
Sent As: | ecom104@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88482060
Mark: COMPOSER
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Correspondence Address: |
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Applicant: American International Relocation Soluti ETC.
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Reference/Docket No. 13403-7
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: August 14, 2019
SEARCH OF OFFICE’S DATABASE OF MARKS
SUMMARY OF ISSUES
PRIOR-FILED APPLICATION ADVISORY
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.
IDENTIFICATION OF SERVICES REQUIREMENT
Additionally, website services in the identification of services must be clarified because it is too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. In particular, this wording could encompass websites featuring information and referral services, which is properly classified in International Class 035, or websites featuring particular technology for users, which is properly classified in Class 042. If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.
Applicant may adopt the following identification, if accurate (changes in bold):
International Class 035: Relocation services for businesses in the nature of providing a website featuring information in the field of {specify nature of services, e.g., business relocation and moving, employee relocation and moving, personnel relocation and moving, etc.} services, namely, information for assisting users in creating customized documents such as relocation policies, offer letters, and letters of assignment based on an a-la-carte selection of benefits; Providing a website featuring information in the field of employee and personnel relocations; Providing a website featuring information in the field of business relocations; Providing a website featuring information in the field of planning and implementing moves of offices; Employee relocation services; Moving and relocation services, namely, planning and implementing moves of homes and offices; Moving and relocation services, namely, planning and implementing moves of homes for others; Moving and relocation services, namely, providing a website featuring information and referrals in the field of planning and project oversight of home moving for others; Personnel relocation
International Class 042: Providing a website featuring technology for facilitating business relocation services, namely, for enabling users to share relocation documents with transferees; Relocation and moving consultation services, namely, providing a website featuring technology which enables users to create customized documents such as relocation policies, offer letters, and letter of assignments, and to share such documents with transferees
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.
MULTIPLE-CLASS APPLICATION REQUIREMENT
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
(1) List the services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 003: perfume; International Class 018: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). Specifically, the application identifies services based on use in commerce that may be classified in at least two classes; however, applicant submitted a fee sufficient for only one class. Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for Class 035; and applicant needs a specimen for Class 042. See more information about specimens. Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and website printouts that show the mark used in the actual sale, rendering, or advertising of the services.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. 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.
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
ASSISTANCE
/Tamara Hudson/
Examining Attorney
Law Office 104
571.272.2575
tamara.hudson@uspto.gov
PROCEDURAL INFORMATION FOR RESPONSES