To: | RYDE INC. (pctrademarks@perkinscoie.com) |
Subject: | U.S. Trademark Application Serial No. 88492547 - RYDE - 131818.4000 |
Sent: | September 22, 2019 10:52:19 AM |
Sent As: | ecom121@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. 88492547
Mark: RYDE
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Correspondence Address:
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Applicant: RYDE INC.
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Reference/Docket No. 131818.4000
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 22, 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.
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).
Section 2(e)(1) Refusal – Merely Descriptive
Registration is refused because the applied-for mark merely describes a feature or purpose of applicant’s services. Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
Here, applicant’s mark is RYDE with a design element for “Providing advice and information relating to finance for insurance” in Class 36.
In this case, the wording in applicant’s mark, RYDE, is an intentional misspelling of the wording RIDE. The wording RIDE is defined as “a means of transportation; especially one’s personal vehicle.” See attached dictionary definition. The specimen and the attached evidence from Allstate, Esurance, and RideNow demonstrates that the proper spelling of the wording RYDE is merely descriptive of applicant’s feature or purpose of its services because this wording is often used to describe a means of transportation. In this case, applicant is providing information and advice related to finance for insurance for motor vehicles. Accordingly, applicant is providing services and information about ride insurance financing.
Because applicant’s mark, RYDE, is an intentional misspelling that is merely descriptive of the feature or purpose of the applicant’s services, registration must be refused on the Principal Register under Section 2(e)(1) of the Trademark Act.
Supplemental Register Advisory
Response Guidelines
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.
Legal Counsel
Because of the legal technicalities and strict deadlines of the trademark application process, applicant may wish to hire a private attorney who specializes in trademark matters to assist in the process. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
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
/Elizabeth Shen/
Trademark Examining Attorney
Pronouns: she, her, hers
Law Office 121
571-270-7111
elizabeth.shen@uspto.gov
RESPONSE GUIDANCE