To: | IM Pro Makeup NY LP (kduncan@dgeglaw.com) |
Subject: | U.S. Trademark Application Serial No. 88593451 - KENA - 113127.004 |
Sent: | December 02, 2019 01:10:37 PM |
Sent As: | ecom111@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88593451
Mark: KENA
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Correspondence Address: DUNCAN GALLOWAY EGAN GREENWALD
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Applicant: IM Pro Makeup NY LP
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Reference/Docket No. 113127.004
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.
INTRODUCTION
PRIOR-FILED APPLICATION ADVISORY
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
AMENDED IDENTIFICATION AND CLASSIFICATION OF SERVICES REQUIRED
Applicant may substitute the following wording with amended language shown in bold, if accurate:
International Class 042:
“Platform-based services, including Platform as a Service (PaaS) and Application Platform as a Service (aPaaS), namely, providing online non-downloadable e-commerce software and providing websites featuring web-enabled interfaces that allows for collaboration and communication between users being product sponsoring entities, namely, influencers, and product and brand owners; Platform-based services, including Platform as a Service (PaaS) and Application Platform as a Service (aPaaS), namely, providing online non-downloadable e-commerce software and providing websites featuring web-enabled interfaces that allows for collaboration and communication between users being product sponsoring entities, namely, influencers, and product and brand ownersand to provide business transactions, content generation, online shopping integration, reporting and analytics services”
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e).
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.
AMENDED MARK DESCRIPTION REQUIRED
The following description is suggested, if accurate:
The mark consists of the stylized wording “KENZA”, where the “Z” is represented as a zigzagged bi-directional arrow.
ASSISTANCE
If applicant has questions regarding this Office action, please email the assigned trademark examining attorney. 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 requirements 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.
/J. Ian Dible/
J. Ian Dible
Examining Attorney
Law Office 111
(571) 272-0209
ian.dible@uspto.gov
RESPONSE GUIDANCE