To: | Direct Marketing Productions, Inc. (brian.hundertmark@offitkurman.com) |
Subject: | U.S. Trademark Application Serial No. 88740528 - EVENTPOWER - N/A |
Sent: | March 26, 2020 10:39:32 PM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88740528
Mark: EVENTPOWER
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Correspondence Address: |
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Applicant: Direct Marketing Productions, Inc.
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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: March 26, 2020
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 USPTO DATABASE OF MARKS
However, applicant must respond to the following requirement.
IDENTIFICATION OF SERVICES REQUIREMENT
Applicant has applied to register the mark EVENTPOWER for “Marketing consulting, namely, Providing registration services for business, education and government conferences and meetings; and providing electronic tracking of conference attendees for collecting data for later promotional or commercial use” in Class 35.
The wording “Providing registration services for business, education and government conferences and meetings” in the identification of services is indefinite and must be clarified because it is outside the scope of “Marketing consulting.” See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
An application must specify, in an explicit manner, the particular services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant should replace “or” with “and” in the identification of services, if appropriate, or rewrite the identification with the “or” deleted and the services specified using definite and unambiguous language.
Applicant may substitute the following wording, if accurate:
“Marketing consulting; providing registration services for business, education and government conferences and meetings; providing electronic tracking of conference attendees for collecting data for later promotional and commercial use” in Class 35.
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.
ADVISORY: PRIOR REGISTRATION WILL NOT BE PRINTED
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.
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Christopher J Nodes/
Christopher J Nodes
Examining Attorney
Law Office 116
(571) 272-5220
christopher.nodes@uspto.gov
RESPONSE GUIDANCE