Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  October 22, 2019

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Application has been amended as shown below.  As agreed to by Thomas C. McDonough on October 22, 2019, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  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).

 

 

2(f)-IN-PART CLAIM

The following claim of acquired distinctiveness under Trademark Act Section 2(f) is added to the record:

 

The wording “AMERICAN MASSAGE THERAPY ASSOCIATION” in the mark has become distinctive of the services as evidenced by the ownership of active U.S. Registration No. 5674150 on the Principal Register for the same mark for sufficiently similar services.

 

TMEP §1212.04(e); see 15 U.S.C. §1052(f); 37 C.F.R. §2.41(a)(1).

 

DISCLAIMER:

The following disclaimer statement is added to the record:

 

            No claim is made to the exclusive right to use “MASSAGE THERAPY ASSOCIATION” apart from the mark as shown.

 

See 15 U.S.C. §1056(a); TMEP §§1213, 1213.08(a)(i).

 

IDENTIFICATION:

The identification of services is amended to read as follows:

 

Class 35          Providing on-line trade directory services for consumers, namely, providing information to the general public concerning the names, addresses and telephone numbers of professional massage therapists

 

Class 41          providing online electronic publications, namely, electronic newsletters in the field of massage therapy, bodywork and somatic practices for massage therapists and their consumer clients accessible via a global computer network

 

See TMEP §§1402.01, 1402.01(e).

 

 

 

 

/benjaminrosen/

Benjamin Rosen

Examining Attorney

Law Office 120

(571) 272-8425

benjamin.rosen@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on October 22, 2019 for

U.S. Trademark Application Serial No. 88532836

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/benjaminrosen/

Benjamin Rosen

Examining Attorney

Law Office 120

(571) 272-8425

benjamin.rosen@uspto.gov

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”