To: | Leafly Holdings, Inc. (pctrademarks@perkinscoie.com) |
Subject: | U.S. Trademark Application Serial No. 88488766 - MC - 134617-4011 |
Sent: | March 28, 2020 02:12:13 PM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88488766
Mark: MC
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Correspondence Address:
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Applicant: Leafly Holdings, Inc.
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Reference/Docket No. 134617-4011
Correspondence Email Address: |
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NONFINAL 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). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: March 28, 2020
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.
Office Records Searched
Additional Information/Significance Required
To permit proper examination of the application, applicant must explain whether the letters “MC” in the mark have any significance in the cannabis, cannabinoid and/or terpene trade or industry or as applied to applicant’s services, or if such letters represent a “term of art” within applicant’s industry. See 37 C.F.R. §2.61(b); TMEP §814. Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
Identification of Services Must Be Clarified
Wording in the identification of services is (1) indefinite and must be clarified, (2) overbroad in that it encompasses services in more than one international classification and/or (3) misclassified. See TMEP §1402.01. Please see suggested identification below for specific wording that requires clarification and/or reclassification.
Applicant may adopt the following identification, if accurate. Please note that bolded wording/punctuation indicates a suggested addition(s)/amendment(s) to applicant’s current identification and wording/punctuation with a line through it indicates language of which the examining attorney is suggesting deletion. In addition, please note that the bracketed entries below require applicant to insert information. Finally, please note that the suggested identification includes additional international classificationa and, if applicant adopts this suggested identification, applicant will need to comply with the requirements set forth in the multiple class requirements section below.
Class 35:
“Providing consumer product information in the field of cannabis and its component parts, including cannabinoids and terpenes; Providing consumer product information regarding composition, indications, types and effects of cannabinoids, terpenes, cannabis, and cannabinoid- or terpene-containing products and strains; providing educational information in the fields of business and consumer product news in the fields of cannabis, cannabinoids and terpenes; providing business and consumer information in the field of cannabis, cannabinoid and terpene dispensaries.”
Class 41:
“Providing {insert specific type/nature of Class 41 information, e.g. entertainment and current events} information in the field of cannabis and its
component parts, including cannabinoids and terpenes; Providing {insert specific type/nature of Class 41 information, e.g. entertainment and current events} information
regarding composition, indications, types and effects of cannabinoids, terpenes, cannabis, and cannabinoid- or terpene-containing products and strains; providing educational information in the fields
of current event news relating to cannabis, cannabinoids and terpenes; providing {insert specific type/nature of Class 41 news, e.g. current events} news,
current events information, dispensary information, and {insert specific type/nature of Class 41 news, e.g. current events} commentary in the field of cannabis,
cannabinoids and terpenes”
Class 44:
“Providing health and wellness information relating to cannabis and its component parts, including cannabinoids and terpenes; Providing medical information regarding composition, indications, types and effects of cannabinoids, terpenes, cannabis, and cannabinoid- or terpene-containing products and strains; providing educational medical information in the fields of cannabis, cannabinoids and terpenes.”
Identifications of goods and/or services can be amended only to clarify or limit the goods and/or services; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.
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 Requirements - Advisory
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(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 three classes; however, applicant submitted a fee(s) sufficient for only one 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 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class Application webpage.
Responding to this Office Action
How to respond. Click to file a response to this nonfinal Office action
For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).
Telephone/Email Suggested for Questions
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
/Meghan Reinhart/
Meghan M. Reinhart
Trademark Examining Attorney
Law Office 108
(571) 272-2943
meghan.reinhart@uspto.gov
RESPONSE GUIDANCE