Notation to File

Response Requested: Trademark Application Serial No. 88533064 NUNU   RE: Trademark Application Serial No. 88533064  NUNU   Dear Manuel Valcarcel, Esq.:   I am the Trademark examining attorney assigned to the above-captioned application.  I can approve it for publication immediately if you authorize me to enter an Examiner Amendment that resolves the issues described below.  To provide authorization, you simply need to give it in a reply to this email.    Advisory: Summary of Issues   Requirement: Explanation of the Mark’s Significance Requirement: Identification of Goods and Services Requirement: U.S. Licensed Attorney Attestation Requirement: U.S. Licensed Attorney Bar Information   Requirement: Explanation of the Mark’s Significance   To permit proper examination of the application, applicant must explain whether the wording in the mark “NUNU” has any significance in the real estate, banking and computer software trades or industries or as applied to applicant’s goods and services, or if such wording is a “term of art” within applicant’s industry.  See 37 C.F.R. §2.61(b); TMEP §814.  Failure to comply with a request for information is grounds for refusing registration.  In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.   Requirement: Identification of Goods and Services THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS AND SERVICES SPECIFIED THEREIN   Applicant has classified “providing websites featuring information regarding mortgage, lending and brokerage services” in International Class 035; however, the proper classification is International Class 036.  Therefore, applicant may respond by reclassifying these services in international class 036.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.    The wording “maintaining escrow accounts” in the identification of services is indefinite and needs clarification to specify the purpose of the escrow accounts by common commercial name, e.g. for sales transactions, mortgages, etc.  TMEP §1402.01.   If accurate, applicant may adopt the following formulation for drafting an acceptable identification. The suggested language has been bolded for applicant’s convenience.   Class 009:            [no changes]   Class 035:             Real estate marketing services; providing websites featuring information regarding real estate properties for sale or lease; providing an interactive real estate website which promotes residential housing properties and provides a one-stop online shop for home buyers and renters through offering prospective customers video walk throughs of properties, property descriptions, text, price, location, maps, guidance through the home acquisition and leasing processes, and related information, coordination and assistance services with respect to mortgage loan applications, property inspections, contracts, appraisals, insurance and other home acquisition and leasing matters   Class 036:             Real estate leasing and management; real estate agency services; apartment rental services; real estate time sharing services; mortgage brokerage services; mortgage lending services; real estate lending services; mortgage banking services, namely, origination, acquisition, servicing, securitization and brokerage of mortgage loans; maintaining escrow accounts for {specify purpose, e.g., sales transactions, mortgages, etc.}; real estate acquisition services; providing websites featuring information regarding mortgage, lending and brokerage services   Class 042:             [no changes]   See TMEP §1402.01.   Advisories   Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).   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 §14