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DEAF RYDE

Duane Johnson

U.S. Trademark Application Serial No. 88791816 - DEAF RYDE - L534160565


United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

U.S. Application Serial No. 88791816

 

Mark:  DEAF RYDE

 

 

 

 

Correspondence Address: 

MARY GARNER

LEGALZOOM LEGAL SERVICES, LTD.

101 N. BRAND BLVD., 11TH FLOOR

GLENDALE, CA 91203

 

 

 

Applicant:  Duane Johnson

 

 

 

Reference/Docket No. L534160565

 

Correspondence Email Address: 

 tm@lzlegalservices.com

 

 

 

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:  April 30, 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.

 

SEARCH OF USPTO DATABASE OF MARKS

 

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.

 

SUMMARY OF ISSUES:

  • Disclaimer Statement – Required
  • Information About Services – Required

 

DISCLAIMER STATEMENT – REQUIRED

 

Applicant must disclaim all the wording in the mark because it is merely descriptive of an ingredient, quality, characteristic, function, feature, purpose, or use of applicant’s services.  See 15 U.S.C. §1052(e)(1); DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012); TMEP §§1213, 1213.03(a). 

 

The attached evidence from Merriam-Webster shows the mark DEAF RYDE can be defined as:

 

  • “Deaf”, can be defined as, “lacking or deficient in the sense of hearing”; and
  • “Ride”, the phonetic equivalent of the term “Ryde” in the mark, can be defined as, “to travel in or on a conveyance; to travel on; a means of transportation”.

 

Thus, this wording merely describes applicant’s services because the applicant will likely be providing means of transportation to people deficient in the sense of hearing.

 

Additionally, see the attached screenshots from the Baltimore Sun and Uber, which discusses the two popular ride apps, and their addition of specific features for individuals (and drivers) that are deaf.

 

Applicant may respond to this issue by submitting a disclaimer in the following format: 

 

No claim is made to the exclusive right to use “DEAF RIDE” apart from the mark as shown. 

 

For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage. 

 

INFORMATION ABOUT SERVICES – REQUIRED

 

If the applicant provides the disclaimer statement above, the applicant does not have to respond to this request for additional information.

 

Due to the descriptive nature of the applied-for mark, applicant must provide the following information and documentation regarding the services and wording appearing in the mark: 

 

(1)               Do the applicant’s services target consumers that are deficient in hearing?

 

(2)               Do the applicant’s services have any features designed for individuals that are deficient in hearing?

 

See 37 C.F.R. §2.61(b); TMEP §§814, 1402.01(e). 

 

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. 

 

RESPONSE GUIDELINES 

 

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.

 

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.    

 

 

/Kyle Aurand/

Kyle Aurand

Trademark Examining Attorney

Law Office 126

(571) 270-3039

kyle.aurand@uspto.gov

 

 

RESPONSE GUIDANCE

  • Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

 

 

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U.S. Trademark Application Serial No. 88791816 - DEAF RYDE - L534160565

To: Duane Johnson (tm@lzlegalservices.com)
Subject: U.S. Trademark Application Serial No. 88791816 - DEAF RYDE - L534160565
Sent: April 30, 2020 09:29:13 AM
Sent As: ecom126@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on April 30, 2020 for

U.S. Trademark Application Serial No. 88791816

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

/Kyle Aurand/

Kyle Aurand

Trademark Examining Attorney

Law Office 126

(571) 270-3039

kyle.aurand@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from April 30, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”

 

 

 


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