To: | HACHETTE FILIPACCHI PRESSE (eteas@gbpatent.com) |
Subject: | U.S. Trademark Application Serial No. 88540623 - ELLE - T58468 |
Sent: | October 28, 2019 07:46:34 AM |
Sent As: | ecom110@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88540623
Mark: ELLE
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Correspondence Address:
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Applicant: HACHETTE FILIPACCHI PRESSE
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Reference/Docket No. T58468
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: October 28, 2019
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
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 of Services
Particular wording in the identification of services is indefinite and must be clarified because it could include a variety of services. For example, the applicant must clarify the “other multimedia material” being offered, and must indicate that it is organizing and conducting shows for cultural purposes. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Additionally, the wording “including” in the identification of services is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.” See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). The identification must be specific and all-inclusive. This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific services. See TMEP §1402.03(a).
The applicant may substitute the following wording, if accurate. The examining attorney’s suggestions appear in bold.
International Class 38
Television and radio broadcasting services, namely cable radio and television transmission; communication services, namely, cable television transmission services; broadcasting of radio and television programs; telephone communication services
International Class 41
Online publication of books; providing an online magazine featuring information in the fields of gardening, landscaping; providing a website featuring non-downloadable photographs, and other multimedia material in the nature of non-downloadable videos in the fields of home decoration, gardening, landscaping; Entertainment in the nature of beauty pageants; production of television programs; entertainment services in the nature of a cable television variety show featuring fashion and beauty; organizing and conducting shows for cultural purposes; organization of conferences, forums, congresses, colloquiums in the fields of fashion, beauty, entertainment, cooking, music, theater, cinema, literature, arts, education, home decoration, gardening, landscaping, media for non business purposes; production and editing of movie, radio information, and television programs, and computer editing of texts and still or animated images and musical or non-musical sound, for interactive use or not; organization of sports competitions and competitions in the fields of fitness and exercise, child and adolescent educational issues; production and editing of radio information and entertainment programs; consulting in the field of online electronic publishing; publication of books; publishing of illustrations books and newspapers
International Class 42
Providing search engines for the Internet; providing customer-generated content in the nature of customized web pages and other data feed formats featuring user-defined information; providing digital content of others, namely providing customer-defined generated content and content of others automatically selected and customized based on the known or estimated geographical location of an Internet, mobile telephone or other wired or wireless digital network based customer; computer programming services; creating and designing web pages for others; design, development and hosting of data banks, databases and websites for others
Additions Not Permitted
ID Manual Online
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.
Translation
The English translation of “ELLE” is “SHE”.
TMEP §809.03. See attached translation evidence.
Response
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.
How to respond. Click to file a response to this nonfinal Office action
/Ellen J.G. Perkins/
Ellen J.G. Perkins
Examining Attorney - Law Office 110
U.S. Patent & Trademark Office
571 272-9372
Ellen.Perkins@uspto.gov
RESPONSE GUIDANCE