To: | IMC License SPE, LLC (lvpto@gtlaw.com) |
Subject: | U.S. Trademark Application Serial No. 88631373 - THE EXPO AT WORLD MARKET CENTER LAS - 150013027800 |
Sent: | January 03, 2020 03:17:50 PM |
Sent As: | ecom121@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88631373
Mark: THE EXPO AT WORLD MARKET CENTER LAS
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Correspondence Address: |
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Applicant: IMC License SPE, LLC
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Reference/Docket No. 150013027800
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: January 03, 2020
SEARCH OF OFFICE’S DATABASE OF 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).
DETAILS OF ISSUES
MARK DESCRIPTION – AMENDMENT REQUIRED
The following description is suggested, if accurate:
The mark consists of the stylized stacked wording “THE EXPO”, with the letter “O” formed by a shaded sphere with two curved lines appearing within the sphere, all positioned over the words “AT WORLD MARKET CENTER LAS VEGAS” in stylized font.
If applicant responds to this issue, applicant must also address the issue(s) discussed below.
DISCLAIMER – REQUIRED
In this case, applicant must disclaim the wording “THE EXPO” and “MARKET CENTER LAS VEGAS” because it is not inherently distinctive. These unregistrable term(s) at best are merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a).
First, the nondistinctive wording “THE EXPO” and “MARKET CENTER” merely describes an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s goods and/or services. See 15 U.S.C. §§1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012).
Specifically, the attached evidence from Oxford English Dictionary and American Heritage Dictionary shows the wording “THE EXPO” means “a large exhibition” and the terms “MARKET CENTER” means a gathering or place where goods and services are sold. See attached Oxford English and American Heritage dictionary evidence. Therefore, this wording merely describes where the goods are sold and the type of market the goods are sold in, namely, a large exhibition.
Additionally, the attached evidence from Columbia Gazetteer shows that “LAS VEGAS” is a generally known geographic place or location. See TMEP §§1210.02 et seq. The goods and/or services for which applicant seeks registration originate in this geographic place or location as shown by applicant’s address. See TMEP §1210.03. Because the goods and/or services originate in this place or location, a public association of the goods and/or services with the place is presumed. See In re Hollywood Lawyers Online, 110 USPQ2d 1852, 1858 (TTAB 2014) (citing In re Spirits of New Merced, LLC, 85 USPQ2d 1614, 1621 (TTAB 2007)); TMEP §§1210.02(a) 1210.04.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “THE EXPO” and “MARKET CENTER LAS VEGAS” apart from the mark as shown.
For an overview of disclaimers and instructions on how to satisfy this issue using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
If applicant responds to this issue, applicant must also address the issue(s) discussed below.
IDENTIFICATION OF SERVICES – AMENDMENT REQUIRED
Applicant’s applied-for services consist of the following:
Class 036: Leasing trade and showroom exhibition space to manufacturers of goods in the fields of home and hospitality furnishings, furniture, home décor, interior design, fashion apparel, fashion accessories and jewelry; real estate services, namely, providing and operating marketplaces and trade showrooms for sellers of goods and/or services
The wording highlighted in bold above, “real estate services, namely, providing and operating marketplaces and trade showrooms for sellers of goods and/or services” in International Class(es) 036 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods and/or services are e.g., rental/leasing of space or providing showrooms for the goods of others in the field of….. Further, this wording could identify goods and/or services in more than one international class. For example, “providing showrooms for the goods of others in the field of ___{specify field or type of goods}” or “providing facilities for trade exhibitions” or “organizing, promoting and conducting exhibition trade shows for business purposes” or “trade show management services” are in Class 035; however, “rental of space in marketplaces for sellers of goods and/or services” is in Class 036 or “providing general purposes facilities for exhibitions” is in Class 043.
Applicant may adopt the following suggestions appearing in bold below, if accurate:
ADD Class 035: Providing facilities for trade exhibitions; trade show management services
Class 036: Leasing trade and showroom exhibition space to manufacturers of goods in the fields of home and hospitality furnishings, furniture, home décor, interior design, fashion apparel, fashion accessories and jewelry; real estate services, namely, rental and leasing of commercial marketplace and trade showroom space for sellers of goods and/or services
ADD Class 043: providing general purposes facilities for exhibitions
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.
If applicant responds to this issue, applicant must also respond to the issue(s) discussed below.
MULTIPLE-CLASS APPLICATION REQUIREMENTS – ADVISORY
(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 THREE (3) classes; however, applicant submitted a fee(s) sufficient for only ONE (1) class(es). 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.
The fee for adding classes to a TEAS Reduced Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
RESPONSE GUIDELINES
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.
/Courtney M. Caliendo/
Courtney M. Caliendo
Trademark Examining Attorney
Law Office 121 - USPTO
Courtney.Caliendo@uspto.gov
571-270-1871
RESPONSE GUIDANCE