To: | KINDLI, INC. (mg@pgpct.com) |
Subject: | U.S. Trademark Application Serial No. 88621800 - FIND YOUR KIND - 6441-T3 |
Sent: | December 20, 2019 10:46:48 AM |
Sent As: | ecom114@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88621800
Mark: FIND YOUR KIND
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Correspondence Address: |
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Applicant: KINDLI, INC.
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Reference/Docket No. 6441-T3
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: December 20, 2019
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.
SEARCH OF OFFICE’S DATABASE OF MARKS – NO CONFLICTING MARKS
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).
Summary of Issue(s) Applicant Must Address:
IDENTIFICATION REQUIRES AMENDMENT
Applicant’s identification falls into multiple classes as specifically noted below. Applicant should either add the classes or restrict the identification to the class(es) for which fees have been paid.
SCOPE ADVISORY: Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
LINK TO ID MANUAL: 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.
CLASS 9: Encoded key cards; Downloadable software in the nature of a mobile application for social, business, and community networking; Downloadable software to enable uploading, downloading, accessing, posting, displaying, editing, tagging, blogging, streaming, linking, sharing and otherwise providing electronic media and information via computer and communication networks; Downloadable software for sending and receiving electronic messages, graphics, images, audio and audio visual content via global communication networks; Downloadable software for the collection, editing, organizing, modifying, transmission, storage and sharing of data and information; Downloadable computer search engine software; Downloadable computer software for accessing, browsing and searching online databases; Downloadable computer software for personal information management, and data synchronization
CLASS 35: Online business networking services
CLASS 42: Computer services, namely, creating virtual communities for registered users to organize groups and events, participate in discussions, get feedback from their peers, and engage in social, business and community networking; Computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks; Application service provider (ASP) services, namely, hosting computer software applications of others; Application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, modifying, sharing or otherwise providing electronic media or information over communication networks; Providing an online network service featuring technology that enables users to transfer personal identity data to and share personal identify data with and among multiple online sites; Providing online sites featuring technology that enables online users to create personal profiles featuring social and business networking information and to transfer and share such information among multiple online sites; Providing temporary use of non-downloadable software applications for social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and data; Computer services in the nature of providing customized online pages featuring user-defined or specified information, personal profiles, audio, video, photographic images, text, graphics and data; Computer services, namely, providing search engines for obtaining data on a global computer and communication networks; Providing non-downloadable e-commerce software to allow users to perform electronic business transactions via a global computer and communication networks; Providing online sites featuring technology that gives users the ability to upload, modify and share audio, video, photographic images, text, graphics and data
CLASS 45: On-line social and community networking services
NO SUGGESTION GIVEN: Providing {specify the type of information and classify accordingly}information from searchable indexes and databases of information, including text, electronic documents, databases, graphics, photographic images and audio visual information, by means of computer and communication networks
MULTI-CLASS ADVISORY FOR INTENT TO USE APPLICATION BASED ON SECTION 1(B)
(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 fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 4 classes; however, applicant submitted a fee(s) sufficient for only 1 class. 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 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See 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.
How to respond. Click to file a response to this nonfinal Office action.
/Siddharth Jagannathan/
Siddharth Jagannathan
Trademark Examining Attorney
USPTO, Law Office 114
571-272-6563 (phone)
Siddharth.Jagannathan@uspto.gov
RESPONSE GUIDANCE