To: | New Age Ads LLC (chris@daylawfirm.com) |
Subject: | U.S. Trademark Application Serial No. 88742411 - WCCFTECH - N/A |
Sent: | May 14, 2020 12:47:19 PM |
Sent As: | ecom128@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88742411
Mark: WCCFTECH
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Correspondence Address: 9977 NORTH 90TH STREET, SUITE 155
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Applicant: New Age Ads LLC
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Reference/Docket No. N/A
Correspondence Email Address: |
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FINAL 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) and/or Electronic System for Trademark Trials and Appeals (ESTTA). A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action.
Issue date: May 14, 2020
This Office action is in response to applicant’s communication filed on April 22, 2020.
In a previous Office action dated March 23, 2020, the trademark examining attorney required applicant to satisfy the following requirements: provide domicile address and amend the identification of services.
Based on applicant’s response, the trademark examining attorney notes that the following requirement has been satisfied: domicile address provided. See TMEP §§713.02, 714.04.
Further, the trademark examining attorney maintains and now makes FINAL the requirement in the summary of issues below. See 37 C.F.R. §2.63(b); TMEP §714.04.
SUMMARY OF ISSUES MADE FINAL that applicant must address:
FINAL: IDENTIFICATION AND CLASSIFICATION OF SERVICES – REQUIRED
PLEASE NOTE: In applicant’s April 22, 2020 response, applicant provided amendments to the Identification and Classification of services. However, some of the services still appear to be misclassified. Thus, the following requirement is hereby made FINAL. Additionally, applicant’s services in International Class 35 require no changes and are not subject to the following requirements.
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 at http://tess2.gov.uspto.report/netahtml/tidmn.html. See TMEP §1402.04.
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers guidance and/or shows
the changes being proposed for the identification of services. If there is wording in the applicant’s version of the identification of services which should be
removed, it will be shown with a line through it such as this: strikethrough. When making its amendments,
applicant should enter them in standard font, not in bold, in italics, underlined or in ALL CAPS.
Applicant may substitute the following wording, if accurate:
Class 35: [NO CHANGES REQUIRED]
Class 41: Providing news, information and commentary in the field of technology, in particular, video games, video game consoles
Class 42: Providing news, information, and commentary in the field of technology, in particular computer hardware technology, wearable technology products, mobile
products, video games, video game consoles, technology companies relevant financial coverage
See TMEP §§1402.01, 1402.03.
An applicant may only amend an identification to clarify or limit the services, but not to add to or broaden the scope of the services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Generally, any deleted services may not later be reinserted. See TMEP §1402.07(e).
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 services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fees already paid (view the USPTO’s current fee schedule). Specifically, the application identifies services based on use in commerce that are classified in at least 3 classes; however, applicant submitted fees sufficient for only 2 classes. Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for classes 35, 41 and 42. See more information about specimens.
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
RESPONSE GUIDELINES & PARTIAL ABANDONMENT ADVISORY
In such case, the application will proceed for the following class only: International Class 35.
Applicant may respond to this final Office action by providing one or both of the following:
(1) A request for reconsideration that fully resolves all outstanding requirements and refusals; and/or
(2) An appeal to the Trademark Trial and Appeal Board with the required filing fees.
TMEP §715.01; see 37 C.F.R. §2.63(b)(1)-(2).
How to respond. Click to file a request for reconsideration of this final Office action that fully resolves all outstanding requirements and refusals and/or click to file a timely appeal to the Trademark Trial and Appeal Board (TTAB) with the required filing fee(s).
Megan Aurand
/Megan Aurand/
Examining Attorney
Law Office 128
(571) 272-1614
megan.aurand@uspto.gov
RESPONSE GUIDANCE