To: | GORUCK HOLDINGS, LLC (trademarks@offitkurman.com) |
Subject: | U.S. Trademark Application Serial No. 88642856 - 0220183.0005 |
Sent: | January 15, 2020 07:24:53 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88642856
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Correspondence Address:
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Applicant: GORUCK HOLDINGS, LLC
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Reference/Docket No. 0220183.0005
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 15, 2020
PARTIAL REQUIREMENT
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).
Applicant may substitute the following wording, if accurate (suggested changes in bold):
Class 035: Acceptable as applied for
Class 041: Personal trainer services; Physical fitness training of individuals and groups; Providing exercise and fitness information and advice via a website; Providing a website featuring blogs and non-downloadable articles and videos in the fields of fitness, exercise, fitness training and topics of general interest
See TMEP §§1402.01, 1402.03
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.
RESPONSE
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
If applicant does not timely respond to this Office action, the following services will be deleted from the application: Blogs featuring articles and videos in the fields of fitness, exercise, fitness training and topics of general interest. See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the following services and class only: Class 035 and “Personal trainer services; Physical fitness training of individuals and groups; Providing exercise and fitness information and advice via a website” in class 041. See 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.
Murray Jr., George
/George Murray/
Trademark Examining Attorney
Law Office 121
(571) 270-5101
George.Murray@uspto.gov
RESPONSE GUIDANCE