To: | Walkway Management Group, Inc. (trademark@gpmlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88523821 - WMG WALKWAY MANAGEMENT GROUP - 428806US001 |
Sent: | October 09, 2019 02:57:49 PM |
Sent As: | ecom105@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88523821
Mark: WMG WALKWAY MANAGEMENT GROUP
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Correspondence Address: GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A 500 IDS CENTER, 80 SOUTH EIGHTH STREET
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Applicant: Walkway Management Group, Inc.
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Reference/Docket No. 428806US001
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.
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.
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 AND CLASSIFICATION OF GOODS AND SERVICES
Class 7
Therefore, applicant must amend this wording to specify either (1) the common generic name of each product or (2) the nature, purpose, and/or intended use of each product. See TMEP §§1402.01, 1402.03.
Class 35
Class 41
Applicant must specify the nature of the educational service being provided. If applicant is providing classes or similar group learning activities, the identification must specify (1) the form of the activity (e.g., classes, seminars, workshops) and (2) the subject matter or field (e.g., retirement benefits, nutrition, business management).
Applicant may adopt the following wording, if accurate:
“Floor and walkway safety products, namely, anti-slip floor coverings for use on walkways and floors” in Class 27.
“Franchise services, namely, offering business management assistance in the establishment and operation of {indicate specific type of establishment being operated}” in Class 35.
“Educational services, namely, conducting {indicate modes of instruction, e.g., classes, seminars, conferences, workshops} in the field of {specify aspect of floor and walkway safety products and/or nature of the floor and walkway safety services that are subject of the educational services, e.g., selection of, installation of, application of, and care of} floor and walkway safety products in the nature of {specify, e.g., anti-slip floor mats, lighting, anti-slip coatings}” in Class 41.
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 ADVISORY
(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 6 classes; however, applicant submitted a fee(s) sufficient for only 3 classes. 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 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See 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.
DISCLAIMER REQUIRED
In this case, applicant must disclaim the wording “WALKWAY MANAGEMENT GROUP” because it is not inherently distinctive. These unregistrable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
This wording appears in and/or is encompassed by applicant’s identification of goods and services. Further, see attached dictionary definitions of “MANAGEMENT” and “GROUP”. See also attached applicant’s website explaining “Walkway Management Group (WMG) is formed for the purpose of providing total floor safety solutions” and “is the leader in walkway testing technology and services.” Taken together, the wording merely describes the provider of applicant’s goods and services.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “WALKWAY MANAGEMENT GROUP” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
CONTACT INFORMATION
How to respond. Click to file a response to this nonfinal Office action
/Molly Segal/
Molly Segal
Trademark Examining Attorney
Law Office 105
(571) 272-6490
Molly.Segal@uspto.gov
RESPONSE GUIDANCE