To: | Front Row Labs, LLC (ipdocket@foxrothschild.com) |
Subject: | U.S. Trademark Application Serial No. 88517958 - FRONT ROW INCUBATOR - 188768.00003 |
Sent: | October 22, 2019 03:20:52 PM |
Sent As: | ecom127@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88517958
Mark: FRONT ROW INCUBATOR
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Correspondence Address: |
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Applicant: Front Row Labs, LLC
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Reference/Docket No. 188768.00003
Correspondence Email Address: |
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COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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: October 22, 2019
USPTO database searched; no conflicting marks found. The trademark examining attorney has searched the USPTO’s database of registered and pending marks and has found no similar registered marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d). However, a mark in a prior-filed pending application may present a bar to registration of applicant’s mark.
Applicant must address issues shown below. On October 22, 2019, the examining attorney and Christopher D. Olszyk, Jr. discussed the issues below. Applicant must timely respond to these issues. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
PRIOR-FILED PENDING 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.
Applicant may provide evidence of ownership of the mark by satisfying one of the following:
(1) Record the assignment with the USPTO’s Assignment Recordation Branch (ownership transfer documents such as assignments can be filed online at http://etas.uspto.gov) and promptly notify the trademark examining attorney that the assignment has been duly recorded.
(2) Submit copies of documents evidencing the chain of title.
(3) Submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: “Applicant is the owner of Application Serial No. 88517954.” To provide this statement using the Trademark Electronic Application System (TEAS), use the “Response to Office Action” form; answer “yes” to wizard questions #3 and #10; then, continuing on to the next portion of the form, in the “Additional Statement(s)” section, check the box for “Miscellaneous Statement” and write in the free form text field for the “Miscellaneous Statement” that “Applicant is the owner of Application Serial No. 88517954,” inserting the relevant application serial number(s); and follow the instructions within the form for signing. The form must be signed twice; a signature is required both in the “Declaration Signature” section and in the “Response Signature” section.
TMEP §812.01; see 15 U.S.C. §1060; 37 C.F.R. §§2.193(e)(1), 3.25, 3.73(a)-(b); TMEP §502.02(a).
Recording a document with the Assignment Recordation Branch does not constitute a response to an Office action. TMEP §503.01(d).
Applicant should further note the following additional requirement.
MULTIPLE-CLASS APPLICATION FEES REQUIRED
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
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.
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.
If applicant does not timely respond to this Office action, the following class will be deleted from the application: International Class 42. See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the following classes only: International Class 35 and 36. See TMEP §718.02(a).
How to respond. Click to file a response to this nonfinal Office action.
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
IDENTIFICATION OF SERVICES AMENDED
The identification of services is amended to read as follows:
Class 35 - |
Incubation services, namely, providing work space containing business equipment to freelancers, start-ups, existing businesses and non-profit; business consulting services, namely, advising entrepreneurs and start-up companies on business innovation, formation, and planning; business incubator services, namely, providing management consulting and advisory services in the areas of corporate growth strategy, innovation and growth processes, and talent management to emerging and start-up companies
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Class 36 - |
ion services, namely, providing financing to freelancers, start-ups, existing businesses and non-profit
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Class 42 - |
Product design consultation for entrepreneurs and start-up companies
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See TMEP §§1402.01, 1402.01(e).
DISCLAIMER ADDED TO THE RECORD
The following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “INCUBATOR” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).
ASSISTANCE
/Dominic R. Pino III/
Dominic R. Pino III
Trademark Examining Attorney
Law Office 127
(571) 272-1611
dominic.pino@uspto.gov
RESPONSE GUIDANCE