To: | Offline Ventures, LLC (trademarks@cooley.com) |
Subject: | U.S. Trademark Application Serial No. 88786599 - OFFLINE - 338821-20000 |
Sent: | May 01, 2020 04:59:14 PM |
Sent As: | ecom106@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 Attachment - 13 Attachment - 14 Attachment - 15 Attachment - 16 Attachment - 17 Attachment - 18 Attachment - 19 Attachment - 20 Attachment - 21 Attachment - 22 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88786599
Mark: OFFLINE
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Correspondence Address: 1299 PENNSYLVANIA AVENUE, NW, SUITE 700
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Applicant: Offline Ventures, LLC
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Reference/Docket No. 338821-20000
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: May 01, 2020
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.
SUMMARY OF ISSUES THAT APPLICANT MUST ADDRESS
SEARCH OF OFFICE RECORDS – NO CONFLICTING MARKS NOTED
The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
SECTION 2(e)(1) REFUSAL – MARK IS MERELY DESCRIPTIVE
The applicant in the case at hand seeks registration of OFFLINE, in standard characters, for use with venture capital financing; venture capital services, namely, providing financing to emerging and start-up companies; incubation services, namely, providing financing to freelancers, start-ups, existing businesses and non-profits; venture capital investment consultation and investment management services.
“Offline” is defined as “not connected to a central computer or computer network.” Lexico.com, (2020). As explained in the attached excerpts from online blog websites, “offline” is used in a descriptive manner to refer to in person or “brick and mortar” services, rather than “online” or internet based services. It is likely the applicant’s services are provided offline or and/or are offered to offline businesses. In either instance, the word OFFLINE comprising the proposed mark is merely descriptive for a feature of the services and, therefore, registration must be refused under Section 2(e)(1) of the Trademark Act.
Although applicant’s mark has been refused registration, applicant may respond to the refusal by submitting evidence and arguments in support of registration.
ADDITIONAL INFORMATION REQUIRED
To permit proper examination of the application, applicant must respond to the following questions:
(1) Are the applicant’s services provided, in whole or in part, offline?
(2) Are the applicant’s services directed towards, in whole or in part, offline businesses?
(3) If the answer to questions (1) and (2) above is “no”, then what is the significance of the term “OFFLINE” comprising the proposed mark?
See 37 C.F.R. §2.61(b); TMEP §814.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
QUESTIONS REGARDING THE INSTANT OFFICE ACTION
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
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.
/Martha L. Fromm/
Trademark Examining Attorney
United States Patent & Trademark Office
Law Office 106
571-272-9320
Martha.Fromm@USPTO.gov
RESPONSE GUIDANCE