To: | Modus, Inc. (shawn.dellegar@crowedunlevy.com) |
Subject: | U.S. Trademark Application Serial No. 88546984 - DRIVE CHANGE - TM4030US00 |
Sent: | October 24, 2019 12:12:39 PM |
Sent As: | ecom124@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88546984
Mark: DRIVE CHANGE
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Correspondence Address: 321 SOUTH BOSTON AVENUE, SUITE 500
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Applicant: Modus, Inc.
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Reference/Docket No. TM4030US00
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 24, 2019
· Search of Office’s Database of Marks – No Conflicting Marks
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 OF SERVICES REQUIREMENT
Applicant must clarify some of the wording in the identification of services because it is indefinite or overbroad. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01, 1402.03.
The applicant insufficiently describes the following services in Class 39:
Applicant may substitute the following wording, if accurate:
Class 39: Transport of passengers; Transport of persons; Transportation services, namely, providing shuttle services by volunteer automobile drivers; Charitable services, namely, providing transportation to the elderly or disabled persons; Carpooling services, namely, matching drivers of motor vehicles with individuals needing rides; Providing a website featuring information in the field of transportation; Providing a website featuring information in the field of volunteer-based transportation; Online transportation reservation services; Vehicle sharing services, namely, arranging and coordinating temporary use of motor vehicles; Charitable services, namely, providing volunteer-based transportation services being shuttle services by volunteer automobile drivers to individuals needing rides; Travel and transport information service
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.
Partial Abandonment Advisory
The application will then proceed with the following services in International Classes 39 only “Transport of persons; Transportation services, namely, providing shuttle services by volunteer automobile drivers; Charitable services, namely, providing transportation to the elderly or disabled persons; Carpooling services, namely, matching drivers of motor vehicles with individuals needing rides; Providing a website featuring information in the field of transportation; Providing a website featuring information in the field of volunteer-based transportation; Online transportation reservation services; Travel and transport information service” and the entirety of Class 41. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
Response Guidelines
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.
How to respond. Click to file a response to this nonfinal Office action
/Alexandra El-Bayeh/
Trademark Examining Attorney
Law Office 124
(571) 270-5911
alexandra.el-bayeh@uspto.gov
RESPONSE GUIDANCE