To: | Select Equity Group, L.P. (shireh@pepperlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88571949 - AVENTINE - N/A |
Sent: | November 13, 2019 11:43:05 AM |
Sent As: | ecom126@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88571949
Mark: AVENTINE
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Correspondence Address: |
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Applicant: Select Equity Group, L.P.
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Reference/Docket No. N/A
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: November 13, 2019
INTRODUCTION
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 GOODS AND SERVICES
Applicant’s goods and services are identified as:
“Downloadable electronic publications in the nature of reports, surveys, and articles featuring research and analysis on current events, politics, government affairs, social trends, internet technology, science, religion and other topics of public interest; online downloadable videos featuring pre-recorded conferences, lectures, symposiums, seminars, forums, classes and workshops on current events, politics, government affairs, social trends, internet technology, science, religion and other topics of public interest” in International Class 9;
“Printed surveys, articles, reports, and books featuring research and analysis on current events, politics, government affairs, social trends, internet technology, science, religion and other topics of public interest” in International Class 16 and
“Providing online information and news about current events, politics, government affairs, social trends, internet technology, science and religion; providing a website featuring non-downloadable publications in the nature of articles, reports, and books featuring research and analysis on current events, politics, government affairs, social trends, internet technology, science and religion; organizing and conducting conferences, lectures, symposiums, seminars, forums, classes and workshops on current events, politics, government affairs, social trends, internet technology, science, religion and other topics of public interest; provision of online non-downloadable videos featuring conferences, lectures, symposiums, seminars, forums, classes and workshops on current events, politics, government affairs, social trends, internet technology, science, religion and other topics of public interest” in International Class 41.
The identification of services in Class 41 is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The wording "Providing online information and news about current events, politics, government affairs, social trends, internet technology, science and religion" is overly broad and indefinite. Specifically, the classification of "providing online information and news" depends on the class of the subject matter. Therefore, the nature of the services must be clarified. See below for suggestions.
The wording "organizing and conducting conferences, lectures, symposiums, seminars, forums, classes and workshops on current events, politics, government affairs, social trends, internet technology, science, religion and other topics of public interest" is overly broad and indefinite. Specifically, "organizing and conducting business conferences" is in Class 35, whereas "organizing and conducting educational conferences" is in Class 41. Therefore, applicant must clarify the nature of the conferences. Additionally, the wording "organizing and conducting...forums" is indefinite and must be clarified to specify that the forums are in-person, if accurate.
Applicant may adopt the following identification of goods, if accurate. The suggested additions are in bold-type and suggested deletions in strikethrough formatting.
International Class 9: fine as written
International Class 16: fine as written
International Class 35: “Providing online information and news about politics in the nature of political issues; providing online information and news about government affairs”
International Class 36: “Providing online financial information and news about politics in the nature of political elections”
International Class 41: “Providing online information and news about current events, politics, government affairs, and social trends , internet
technology, science and religion ; providing a website featuring non-downloadable publications in the nature of
articles, reports, and books featuring research and analysis on current events, politics, government affairs, social trends, internet technology, science and
religion; organizing and conducting educational conferences, lectures, symposiums, seminars, in-person forums, classes and workshops on current events, politics, government affairs, social trends, internet technology,
science, religion and other topics of public interest; provision of online non-downloadable videos featuring conferences, lectures, symposiums, seminars, forums,
classes and workshops on current events, politics, government affairs, social trends, internet technology, science, religion and other topics of
public interest”
International Class 42: “Providing online information and news about internet technology; providing online information and news about science”
International Class 45: “Providing online information and news about religion”
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 REQUIREMENTS
The application references goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and/or services that are classified in at least 7 classes; however, applicant submitted a fee(s) sufficient for only 3 class(es). Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) 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.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
Please note: Applicant paid filing fees for one international class.
SIGNIFICANCE OF WORDING
GENERAL RESPONSE GUIDELINES
How to respond. Click to file a response to this nonfinal Office action
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.
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.
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06
/Brittany Johnson/
Examining Attorney
Law Office 126
(571) 270-3731
brittany.johnson@uspto.gov
RESPONSE GUIDANCE