To: | Haus Services, Inc. (trademarks@lanepowell.com) |
Subject: | U.S. Trademark Application Serial No. 88789894 - HAUS - 132149.0021 |
Sent: | May 03, 2020 06:00:34 PM |
Sent As: | ecom118@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 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88789894
Mark: HAUS
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Correspondence Address: |
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Applicant: Haus Services, Inc.
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Reference/Docket No. 132149.0021
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 03, 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.
NO CONFLICTING MARKS:
SECTION 2(e)(1) REFUSAL – MARK IS MERELY DESCRIPTIVE:
In this case, the applicant applied to register the mark HAUS for banking; financial services, namely, money lending; financial services, namely, mortgage planning; financial services, namely, mortgage refinancing; financing of fractionally-owned real property; insurance information and consultancy; loan financing; loan origination services; mortgage banking; mortgage brokerage; underwriting warranty programs in the field of real estate; arranging finance for construction projects; credit and loan services; extended warranty services, namely, service contracts; home equity loans; insurance brokerage; mortgage financing services; mortgage lending; providing home warranty administration; providing information in the field of finance; real estate brokerage; real estate financing services; real estate insurance underwriting services; real estate lending services; real estate title insurance underwriting services.
The term HAUS translates to house. The term house refers to a structure serving as a dwelling for one or more persons. See attached definition.
As such, the proposed mark in connection with the specified services conveys information about the services to consumers, namely, that the applicant’s services include real estate services and financing services for purchasing houses.
Based on the evidence of record it is clear that the proposed mark merely describes a feature of the applicant’s services. Therefore, the proposed mark is refused registration pursuant to Section 2(e)(1) of the Trademark Act.
RESPONSE:
Although the examining attorney has refused registration, the applicant may respond to the refusal to register by submitting evidence and arguments in support of registration. If the applicant chooses to respond to the refusal to register, the applicant must also respond to the following issues.
SUPPLEMENTAL REGISTER:
AMENDMENT TO ALLEGE USE:
Applicant is advised that, because the application is based on intent-to-use under Trademark Act Section 1(b), applicant must file an acceptable allegation of use (also called an amendment to allege use or a statement of use) before the applied-for mark can be registered. 37 C.F.R. §2.35(b)(8); TMEP §1103. An allegation of use has various legal requirements, including providing verified dates of first use of the mark, a verified statement that the mark is in use in commerce, a specimen showing the mark as actually used in commerce for each international class, and a fee. 37 C.F.R. §§2.76, 2.88; TMEP §806.01(b). In addition, certain time restrictions apply to filing an amendment to allege use or statement of use. See 37 C.F.R. §§2.76(a), 2.88(a); TMEP §§1104.03, 1109.04. See the ITU basis webpage for more information about an amendment to allege use or statement of use. To submit one, use the Trademark Electronic Application System (TEAS) Allegation of Use form.
TEAS PLUS STATUS LOST:
Processing fee required. Applicant must submit an additional processing fee of $125 per class because the application as originally filed did not meet the TEAS Plus application filing requirements. See 37 C.F.R. §2.22(c); TMEP §§819.01-.01(q), 819.04. Specifically, applicant failed to meet the following requirement: a translation of all non-English wording in the mark was not provided.
The additional processing fee is required regardless of whether applicant satisfies this application requirement.
Accordingly, the application will no longer be treated as TEAS Plus; it is now considered a TEAS Standard application. See 37 C.F.R. §2.22(c); TMEP §819.04.
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.
/Marlene Bell/
Trademark Examining Attorney
Law Office 118
571-272-9291
marlene.bell@uspto.gov (for informal inquiries)
RESPONSE GUIDANCE