To: | ALPHA OPCO, LLC (tm-dept@quarles.com) |
Subject: | U.S. Trademark Application Serial No. 88585869 - LA - N/A |
Sent: | February 01, 2021 08:17:36 PM |
Sent As: | ecom118@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88585869
Mark: LA
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Correspondence Address: 135 N. Pennsylvania St., Suite 2400
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Applicant: ALPHA OPCO, LLC
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Reference/Docket No. N/A
Correspondence Email Address: |
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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: February 01, 2021
This Office action is in response to applicant’s communication filed on December 19, 2020.
The refusal under Section 2(e)(2) is maintained and continued. The examining attorney has considered applicant’s arguments, but remains unpersuaded.
The requirement for acceptable identifications of services is maintained and continued, in part. The following new issue concerning the identification of services in International Class 35 must be addressed. The examining attorney apologizes for failure to raise this issue previously:
IDENTIFICATIONS OF SERVICES
“Subscription services,” as contemplated in International Class 35, are the services of providing the goods or services of others on a subscription basis. For example, Publisher’s Clearinghouse provides subscriptions to third-party periodicals. Additionally, a continuing program is not the equivalent of a television channel.
Additionally, applicant has listed goods and services in International Class 42 that are already listed in the other classes that have been added to the application and are not properly identified and classified in International Class 42. Applicant should deleted this class of goods and services.
The examining attorney has suggested amendments to the identifications below to resolve this issue. Applicant may adopt one or more of the following identifications, if accurate:
International Class 35
Subscription to a television channel
International Class 41
Providing a continuing subscription video program in the field of sports broadcast over the internet and a continuing subscription audio program in the field of football broadcast over the internet.
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 identifies goods and/or services that are classified in at least 8 classes; however, applicant submitted a fees sufficient for only 7 classes. In a multiple-class application, a fee for each class is required. 37 C.F.R. §2.86(a)(2), (b)(2); TMEP §§810.01, 1403.01. For more information about adding classes to an application, see the Multiple-class Application webpage.
Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class.
The fee for adding classes to a TEAS Standard application is $350 per class. See 37 C.F.R. §2.6(a)(1)(iii). For more information about adding classes to an application, see the Multiple-class Application webpage.
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 8 classes; however, applicant submitted a fees sufficient for only 7 classes. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For 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, see the Multiple-class Application webpage.
ASSISTANCE
How to respond. Click to file a response to this nonfinal Office action.
/Anne M. Farrell/
Law Office 118
Trademark Examining Attorney
anne.farrell@uspto.gov (informal responses only)
(571) 272-9709
RESPONSE GUIDANCE