To: | Jackson National Life Insurance Company (chiusptomail@bakermckenzie.com) |
Subject: | U.S. Trademark Application Serial No. 88682488 - JACKSONHUB - 190578 |
Sent: | December 20, 2019 11:55:24 AM |
Sent As: | ecom108@uspto.gov |
Attachments: | Attachment - 1 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88682488
Mark: JACKSONHUB
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Correspondence Address: |
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Applicant: Jackson National Life Insurance Company
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Reference/Docket No. 190578
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
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issues below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
Search
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).
The Recitation of Services is Indefinite in Class 41
The recitation of services in Class 36 is acceptable. Some of the wording used as the recitation of services in Class 41 is unacceptable as indefinite. It is unclear from the current wording exactly what services are used in conjunction with the mark. For example, the form of training must be further clarified.
Additionally, the “providing financial information” in Class 41 appears properly classified in Class 36. Classification of educational information services is based on the subject matter of the information provided rather than the intention that the information provided be educational. See TMEP §1402.11(b). For example, “providing educational information in the field of finance” is classified in International Class 36, “providing educational information in the field of travel” is classified in International Class 39, “providing information relating to education services” is classified in International Class 41, and “providing a website featuring educational information in the field of medicine” is classified in International Class 44.
Applicant may adopt the following identification of services, if accurate (suggested wording appears in italicized print):
Providing a website featuring financial information and research in the field of finance for financial services advisors and professionals to educate clients about annuities, financial planning, investment management, securities, and mutual funds in Class 36.
-and-
Providing training, namely, online classes and seminars in the field of finance for financial services advisors and professionals to educate clients about annuities, financial planning, investment management, securities, and mutual funds and distributing training materials in connection therewith in Class 41. See TMEP §1402.01.
This issue can be resolved by telephone or by leaving a message authorizing the changes suggested.
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 the applicant fails to respond to this issue the application may proceed by examiner’s amendment to the wording in non-italicized print only. Specifically:
Providing a website featuring financial information and research in the field of finance for financial services advisors and professionals to educate clients about annuities, financial planning, investment management, securities, and mutual funds in Class 36.
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.
If applicant has questions regarding this Office action, please call or 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 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.
/Jason F. Turner/
Jason F. Turner
Examining Attorney
Law Office 108
(571) 272-9353
jason.turner@uspto.gov
RESPONSE GUIDANCE