To: | Adswizz, Inc. (trademarks@fenwick.com) |
Subject: | U.S. Trademark Application Serial No. 88584500 - AUDIOGO - 28825-00070 |
Sent: | November 19, 2019 09:14:41 PM |
Sent As: | ecom112@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88584500
Mark: AUDIOGO
|
|
Correspondence Address: |
|
Applicant: Adswizz, Inc.
|
|
Reference/Docket No. 28825-00070
Correspondence Email Address: |
|
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 19, 2019
The assigned trademark examining attorney has reviewed the referenced application and has determined the following. Questions regarding the Office Action should be directed to the trademark examining attorney at kyle.peete@uspto.gov.
Search Results
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).
EXAMINER’S AMENDMENT SUGGESTED
The applicant or applicant’s counsel is encouraged to send an email to the trademark examining attorney at kyle.peete@uspto.gov authorizing the necessary amendments in order to resolve the issues below via an Examiner’s Amendment.
Summary of Issues
Recitation of Services
The underlined wording in the recitation of services shown below is unacceptable and must be clarified because it is too broad. Suggested amendments with explanation are shown in bold italics. See TMEP §1402.01.
The Office requires a degree of particularity necessary to clearly identify the goods and/or services covered by a mark. See In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir. 2007). Descriptions of goods and services in applications must be specific, explicit, clear and concise. TMEP §1402.01; see Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954); In re Cardinal Labs., Inc., 149 USPQ 709, 711 (TTAB 1966).
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 at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Applicant may adopt the following identification, if accurate:
International Class 035:
Advertising services; Advertising trading and management services in the nature of {clarify advertising trading and management services};
Advertising services, namely, placement of digital audio advertising on the internet, internet radio, podcast, simulcast streams, and on-demand audio content; Advertising trading and management
services via an online platform {clarify this wording or delete as it appears to be an International Class 042 service}, namely, a demand-side
platform {clarify this wording to be more specific} that allows users to bid on digital audio advertising inventory and manage advertising exchange and
data exchange accounts; Advertising services, namely, implementation, optimization, and measuring of digital audio advertising for others; Advertising services, namely, distribution of digital
audio advertising materials on internet radio, podcasts, simulcast streams, and on-demand audio content; Advertising services, namely, measuring, reporting, and tracking of advertising performance;
Advertising services, namely, measuring, reporting, tracking and billing {clarify or delete as billing appears to be an International Class 036 service or a service that is merely part of doing business} of advertising expenditures
International Class 042: Software as a service services featuring software for {specify the function of the programs, e.g., for use in database management, for service desk management, for accounting, etc., and, if software is content- or field-specific, the content or field of use}; Software as a service featuring an online computer software {suggestion specifies type of platform} platform, namely, a demand-side platform (DSP) that allows users to bid on and buy digital audio advertising inventory and manage advertising exchange and data exchange accounts; Software as a service featuring an online computer software {suggestion specifies type of platform} platform for placement of digital audio advertising on the internet, internet radio, podcast, simulcast streams, and on-demand audio content; Software as a service featuring an online computer software {suggestion specifies type of platform} platform that allows users to programmatically implement, optimize, and measure digital audio advertising; Software as a service featuring an online computer software {suggestion specifies type of platform} platform for distribution of digital audio advertising materials on internet radio, podcasts, simulcast streams, and on-demand audio content; Software as a service featuring an online computer software {suggestion specifies type of platform} platform for measuring, reporting, and tracking advertising performance; Software as a service featuring an online computer software {suggestion specifies type of platform} platform for measuring, reporting, tracking and billing of advertising expenditures
Partial Abandonment
If applicant does not respond to this Office action within the six-month period for response, the goods and/or services underlined above will be deleted from the application. The application will then proceed with the remaining goods and/or services. See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
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
/Kyle Christopher Peete/
Kyle Christopher Peete
Trademark Attorney [Law Office 112]
(571) 272-8275 (Phone)
(571) 273-8275 (Fax)
kyle.peete@uspto
RESPONSE GUIDANCE