To: | Kailash Union (dhyanbliss@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 88843267 - SHRIKAILASA - N/A |
Sent: | June 20, 2020 02:44:57 PM |
Sent As: | ecom123@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88843267
Mark: SHRIKAILASA
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Correspondence Address:
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Applicant: Kailash Union
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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: June 20, 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
SPECIMEN REQUIRED
Class 16
Specimen does not show use of the mark in commerce. Registration is refused because the specimen does not show the applied-for mark as actually used in commerce in International Class 16. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a). An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark as actually used in commerce for each international class of goods identified in the application. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Specifically, the specimen does not appear to demonstrate any printed materials.
Examples of specimens. Specimens for goods include a photograph of (1) the actual goods bearing the mark; (2) an actual container, packaging, tag or label for the goods bearing the mark; or (3) a point-of-sale display showing the mark directly associated with the goods. See 37 C.F.R. §2.56(b)(1), (c); TMEP §904.03(a)-(m). A webpage specimen submitted as a display associated with the goods must show the mark in association with a picture or textual description of the goods and include information necessary for ordering the goods. TMEP §904.03(i); see 37 C.F.R. §2.56(b)(1), (c). Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the date it was accessed or printed. 37 C.F.R. §2.56(c).
Response options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application and (b) shows the mark in actual use in commerce for the goods identified in the application. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b), as no specimen is required before publication. This option will later necessitate additional fee(s) and filing requirements, including a specimen.
For an overview of the response options referenced above and instructions on how to satisfy these options using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
Classes 41, 44, and 45
Specimen does not show use of the mark in commerce. Registration is refused because the specimen does not show the applied-for mark as actually used in commerce in International Classes 41, 44, and 45. Trademark Act Sections 1 and 45, 15 U.S.C. §§1051, 1127; 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a), 1301.04(g)(i). An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark as actually used in commerce for each international class of services identified in the application. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Specifically, the “Atma Linga Spiritual Healing” only includes the applied-for mark in a small, non-source-indicating capacity.
Additionally, it is not clear what services the “Nithyananda Satsang” specimen is demonstrating.
Furthermore, the videos do not demonstrate provision of a website featuring non-downloadable videos, as a separate entity, not applicant itself, is providing the website.
Moreover, none of the webpage specimens include the date they were accessed or printed, and some also do not include the URL.
Finally, the specimens do not appear to demonstrate the applied-for Class 44 “Providing a website featuring information concerning alternative health and healing” services.
Examples of specimens. Specimens for services must show a direct association between the mark and the services and include: (1) copies of advertising and marketing material, (2) a photograph of business signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the services. See 37 C.F.R. §2.56(b)(2), (c); TMEP §1301.04(a), (h)(iv)(C). Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the date it was accessed or printed. 37 C.F.R. §2.56(c).
Response options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application and (b) shows the mark in actual use in commerce for the services identified in the application. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b), as no specimen is required before publication. This option will later necessitate additional fee(s) and filing requirements, including a specimen.
For an overview of the response options referenced above and instructions on how to satisfy these options using the online Trademark Electronic Application System (TEAS) form, see the Specimen webpage.
IDENTIFICATION OF GOODS AND SERVICES – Classes 41 and 45 Only
THIS PARTIAL REQUIREMENT APPLIES TO CLASSES 41 AND 45 ONLY
Class 41
The wording “Workshops, conferences, classes, and seminars in the field of religion, meditation, yoga, philosophy, spirituality and wellbeing” is indefinite and must be clarified to specify that the services are educational services, if accurate.
The wording “Providing facilities for educational workshops, conferences, classes and seminars, including charitable services” is indefinite and must be clarified to specify the nature of the services. See below for suggestions.
Class 45
The wording “Providing a website featuring non-downloadable videos and information concerning the field of spirituality, self-help, and personal empowerment subject matters” is overly broad and indefinite and includes services in Classes 41 and 45. Therefore, the nature of the services must be clarified. See below for suggestions.
Applicant may adopt the following identification, if accurate:
Class 16: [no amendment required]
Class 41: Conducting workshops, conferences, classes, and seminars in religion, meditation, yoga, philosophy, spirituality and wellbeing; Education services, namely, providing live and on-line classes, seminars, distance learning, meetings in the field of religion, meditation, yoga, philosophy, self-help, self awareness, spirituality and well-being; Educational services, namely, conducting classes, seminars, meetings, individualized instructions in the field of religion, meditation, yoga, philosophy, spirituality and well-being and distribution of course material in connection therewith; Meditation training; educational services, namely, conducting workshops, conferences, classes, and seminars in the field of religion, meditation, yoga, philosophy, spirituality and wellbeing; Providing facilities for educational workshops, conferences, classes and seminars, including facilities for educational charitable event services; providing a website featuring non-downloadable videos in the field of spirituality, self-help, and personal empowerment
Class 44: [no amendment required]
Class 45: Religious and
spiritual services, namely, providing gatherings and retreats to develop and enhance the spiritual lives of individuals; Providing on-line information in the field of spirituality, self-help, and
personal empowerment subject matters; Providing a website featuring non-downloadable videos and information concerning the field of spirituality, self-help, and personal
empowerment subject matters
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.
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.
TRADEMARK COUNSEL
Because of the legal technicalities and strict deadlines of the trademark application process, applicant is encouraged to hire a private attorney who specializes in trademark matters to assist in this process. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
CONTACT EXAMINING ATTORNEY IF CLARIFICATION REQUIRED
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.
/Bianca Allen/
Trademark Examining Attorney
Law Office 123
(571) 272-5667
bianca.allen@uspto.gov
RESPONSE GUIDANCE