To: | MSC, WS LLC (dcohen@reedsmith.com) |
Subject: | U.S. Trademark Application Serial No. 88574124 - WS - 501743.20003 |
Sent: | December 19, 2019 09:20:25 AM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88574124
Mark: WS
|
|
Correspondence Address:
|
|
Applicant: MSC, WS LLC
|
|
Reference/Docket No. 501743.20003
Correspondence Email Address: |
|
NONFINAL OFFICE ACTION
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: December 19, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Note: The prior pending applications are WITHDRAWN.
Identification of Goods
The identification of goods is indefinite and must be clarified because as of January 1, 2019 (before the filing date of this case), the identification of goods now must state the nature of the software (ex. downloadable software, recorded software, etc.). See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may adopt the following identification, if accurate:
Recorded computer application software for mobile phones, namely, software for providing access to ratings, reviews and recommendations
on restaurants, food and wine; downloadable electronic publications in the nature of magazines, books, brochures, newsletters in the field of wine, food, drink, travel and entertainment relating to
the culinary arts; downloadable mobile applications for [indicate function of the software, e.g. managing bank accounts, editing photos, making reservations, and if software is
content-or field specific, identify the content or field of use]the providing access to electronic publications in the
nature of magazines, books, brochures, newsletters in the field of wine, food, drink, travel and entertainment relating to the culinary arts; downloadable software in the nature
of a mobile application for making reservations, ordering food and beverage and for searching and retrieving information and reviews on food and wine, in class 9.
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.
Effective January 1, 2019, a new version of the Nice Agreement Eleventh Edition changed the classification of certain goods and services. See Nice Classification, 11th ed., version 2019 (Nice 11-2019). Applications filed on or after January 1, 2019 must comply with this new version. See 37 C.F.R. §2.85(e)(1); TMEP §1401.09. Applications filed prior to January 1, 2019 must comply with the edition/version of the Nice Agreement in effect as of the application filing date; however, applicants of such applications can choose to comply with the new version. See 37 C.F.R. §2.85(e)(1)-(2); TMEP §1401.09. If applicant chooses to comply with the new version, the entire identification must comply with this version. See 37 C.F.R. §2.85(e)(2); TMEP §1401.09. The USPTO’s online U.S. Acceptable Identification of Goods and Services Manual provides classification information for the new version as well as information for previous editions/versions in notes to specific entries. See TMEP §1402.04.
Telephone for Clarification Recommended
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.
/Inga Ervin/
Trademark Examining Attorney
Law Office 111
United States Patent & Trademark Office
571-272-9379
571-273-9379(fax)
Inga.Ervin@uspto.gov
RESPONSE GUIDANCE