United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88574851
Mark: THE HONEST HOTEL BOOKING SITE
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Correspondence Address: |
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Applicant: Hotel JV Services, LLC
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Reference/Docket No. 01032874011U
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 12, 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.
Search of the USPTO Database
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).
Section 2(e)(1) Refusal – Mark is Merely Descriptive
Applicant has applied for the mark “THE HONEST HOTEL BOOKING SITE” for the services “Providing price comparison services in the field of hotel rooms and temporary accommodations for travelers via the Internet” and “Booking of temporary accommodation via the Internet; Providing information in the field of temporary accommodations for travelers.”
Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the goods and/or services is the combined mark registrable. See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
In this case, both the individual components and the composite result are descriptive of applicant’s goods and/or services and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods and/or services. The attached evidence from Merriam-Webster shows that the term “honest” means “free from fraud or deception” and the term “site” means “one or more Internet addresses at which an individual or organization provides information to others.” Further, the applicant’s identification of services specifies that it offers its services in the field of “booking hotel rooms . . . via the Internet.” Thus, the wording “hotel,” “booking,” and “site” all refer to the category of services the applicant is providing.
When the wording of the applied-for mark is combined, it forms a phrase merely describing the applicant’s services; specifically, a website offering price comparison, booking, and information in the field of hotels and temporary accommodations on the Internet that does so free from fraud or deception. The additional attached evidence from the webpages of Contented Traveler and The Luxury Travel expert show the term “honest” used to describe travel and hotel booking websites that don’t include hidden fees, as well as website which chargees people different prices depending on a number of factors. Indeed, the applicant’s own website roomkey.com (see attached) shows that its goal is to provide hotel booking services aimed to avoid fraud and deception, and identifies the specific ways in which it does so.
Therefore, registration is refused because the applied-for mark merely describes the applicant’s services.
Application Not Eligible for Supplemental Register Until AAU is Filed - Advisory
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.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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
/Joseph Greene/
Joe Greene
Trademark Examining Attorney
USPTO, Law Office 125
(571)272-5763
joseph.greene@uspto.gov
RESPONSE GUIDANCE