To: | Stardust Mission Control, LLC (trademarks@brandandbranch.com) |
Subject: | U.S. Trademark Application Serial No. 88664520 - THE CALIFORNIA WAY - N/A |
Sent: | December 22, 2019 04:05:55 PM |
Sent As: | ecom123@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88664520
Mark: THE CALIFORNIA WAY
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Correspondence Address: SHABNAM MALEK AND AMANDA R. CONLEY 1305 FRANKLIN STREET, SUITE 220
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Applicant: Stardust Mission Control, 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: December 22, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
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).
REQUIREMENT OF DEFINITE IDENTIFICATION AND APPROPRIATE CLASSIFICATION
The wording “Online informational blog providing news, articles and information about cannabis and cannabis culture” is too broad and can encompass goods and/or services that are in more than one International Class. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. For example, “online journals, namely, blogs featuring news, non-downloadable articles and information about cannabis and cannabis culture” are services in International Class 41, but “downloadable written articles in the field of cannabis and cannabis cultures” are goods in International Class 9. Accordingly, applicant should further specify the nature of the goods and/or services being referenced, and suggested amendments are offered below.
In addition, the identification entry “providing online current events information the field of cannabis and cannabis culture” is indefinite in that it is confusingly written and leaves unclear the field in which information will be provided—and the field specified will determine the appropriate classification of these services. For example, “providing online information in the field of current events that relate to cannabis and cannabis culture” are services in Class 41. However, “providing online information in the field of agricultural advice relating to cannabis crops” are services in Class 44. Accordingly, applicant should further specify the nature of the goods and/or services being referenced, and suggested amendments are offered below.
Similarly, the wording “Entertainment services in the form of videos, namely, providing on-line videos featuring current events news and entertainment information about health and wellness, psychology, behavioral science, social and racial justice, cannabis, products containing cannabis, cannabis lifestyle, and cannabis industry” is indefinite and can encompass goods and services that are in more than one International Class. For example, “entertainment services, namely, providing online, non-downloadable videos featuring current events” are services in Class 41, but “downloadable video recordings available online and featuring current events” are goods in Class 9. Accordingly, applicant should further specify the nature of the goods and/or services being referenced, and suggested amendments are offered below.
Applicant may adopt the following identification, if accurate:
Class 41: Online informational journal, namely, blogs providing non-downloadable news, non-downloadable articles, and non-downloadable information about cannabis and cannabis culture; providing online information in the field of current events that relate to cannabis and cannabis culture; entertainment services, namely, providing a website featuring online, non-downloadable videos in the fields of current events, news, entertainment information, health and wellness, psychology, behavioral science, social and racial justice, cannabis, products containing cannabis, cannabis lifestyle, and the cannabis industry
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
(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 could potentially be classified in at least 2 classes. However, applicant submitted a fee 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.
DISCLAIMER REQUIRED
Applicant must disclaim the wording “CALIFORNIA” because it is not inherently distinctive. This unregistrable term is, at best, primarily geographically descriptive of the origin of applicant’s goods and/or services. See 15 U.S.C. §§1052(e)(2); In re Societe Generale des Eaux Minerales de Vittel S.A., 824 F.2d 957, 959, 3 USPQ2d 1450, 1451-52 (Fed. Cir. 1987); TMEP §§1210.01(a), 1210.06(a), 1213.03(a).
The wording “CALIFORNIA” 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 “CALIFORNIA” 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.
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.
/Victor Cerda/
Examining Attorney
Trademark Law Office 123
(571) 270-1280
Victor.Cerda@uspto.gov
ADDITIONAL RESPONSE GUIDANCE