To: | Businessolver.com, Inc. (akerndt@nyemaster.com) |
Subject: | U.S. Trademark Application Serial No. 88490991 - MYCHOICE - N/A |
Sent: | September 24, 2019 01:52:36 PM |
Sent As: | ecom125@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88490991
Mark: MYCHOICE
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Correspondence Address:
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Applicant: Businessolver.com, Inc.
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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 24, 2019
INTRODUCTION
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).
IDENTIFICATION OF SERVICES REQUIRES AMENDMENT
International Class 42: Software as a service (SAAS) services featuring software for providing employee benefit plan information and for accessing employee benefits plan documents; Platform as a service (PAAS) featuring computer software platforms for providing employee benefit plan information and for accessing employee benefits plan documents
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.
MARK DESCRIPTION REQUIRES AMENDMENT
Applicant must submit an amended description of the mark that agrees with the mark on the drawing. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. The current description is inconsistent with the mark on the drawing and thus is inaccurate. 37 C.F.R. §2.37; see TMEP §§808.01, 808.02. Descriptions must be accurate and identify only those literal and design elements appearing in the mark. See 37 C.F.R. §2.37; TMEP §§808.02, 808.03(d).
The following description is suggested, if accurate: The mark consists of the stylized wording "MYCHOICE" with a piggy bank within the letter O.
APPLICANT ENCOURAGED TO CALL EXAMINING ATTORNEY TO RESOLVE
Applicant is encouraged to call or email the assigned trademark examining attorney below to resolve the issues in this Office action. Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
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
Brendan J. Ketchum
Trademark Examining Attorney
United States Patent & Trademark Office
Law Office 125
(571)272-5397
brendan.ketchum@uspto.g
RESPONSE GUIDANCE