To: | Reddit, Inc. (tom.vigdal@reddit.com) |
Subject: | U.S. Trademark Application Serial No. 88910822 - WALLSTREETBETS - N/A |
Sent: | August 06, 2020 02:57:17 PM |
Sent As: | ecom123@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88910822
Mark: WALLSTREETBETS
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Correspondence Address:
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Applicant: Reddit, Inc.
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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: August 06, 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 RESULTS
· Prior-filed Pending Application
· Refusal of Registration: Unacceptable Specimen of Use
· Amendment of Identification of Services Required
PRIOR-FILED PENDING APPLICATION
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
REFUSAL OF REGISTRATION: UNACCEPTABLE SPECIMEN OF USE
Webpage specimen does not include required URL and/or date printed/accessed. Registration is refused because the specimen is not acceptable as a webpage specimen; it lacks the required URL and/or date printed/accessed. See 37 C.F.R. §2.56(c); Mandatory Electronic Filing & Specimen Requirements, Examination Guide 1-20, at V.B. (Rev. Feb. 2020). The specimen thus appears to be in the nature of a digital mockup that fails to show the applied-for mark in actual use in commerce. See 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, 904.03(g), 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 and 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).
A webpage submitted as a specimen must include the URL and access or print date to show actual use in commerce. 37 C.F.R. §2.56(c). Because the webpage specimen lacks the associated URL and/or access or print date on it, within the TEAS form used to submit the specimen, or in a verified statement in a later-filed response, it is unacceptable to show use of the mark in commerce.
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).
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).
Response options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a verified statement, in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20 or 28 U.S.C. §1746, specifying the URL of the original webpage specimen and the date it was accessed or printed.
(2) Submit a different specimen (a verified “substitute” specimen), including the URL and date accessed/printed on it, 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. Applicant must also submit 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.”
(3) Amend the filing basis to intent to use under Section 1(b) (which includes withdrawing an amendment to allege use, if one was filed), 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.
AMENDMENT OF IDENTIFICATION OF SERVICES REQUIRED
The applicant must also clarify the wording "Platform as a Service (PAAS) services" to indicate that the service is of providing a computer software platform.
The identification of services is indefinite and must be clarified because the wording "operating search engines" does not identify particular services. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to specify the common commercial or generic name of the services. See TMEP §1402.01. If the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language. See id.
The USPTO requires such specificity in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the applicant’s mark and other marks. See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).
Applicant may adopt the following identification, if accurate:
International Class 042: "Hosting an online website community for users to share information, films, photos, audio and video content, including for the purposes of receiving feedback from their peers and others, and to engage in social networking; Computer services, namely, creating virtual communities for registered users to participate in discussions, get feedback from their peers, and engage in social networking and communication; Computer services, namely, hosting electronic facilities for others for organizing and conducting interactive discussions via communication networks; Computer services, namely, creating an on-line virtual environment for [indicate specific purposes, e.g., trading stocks, participate in discussions, engage in social networking] for entertainment purposes; Application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, modifying, and sharing electronic media and information over communication networks; Providing online facilities for others featuring technology that enables online users to create personal profiles featuring social information and to transfer and share such information among multiple online facilities; Providing information from searchable indexes and databases of information, including text, electronic documents, databases, graphics, photographic images and audio visual information, on computer and communication networks; Computer services in the nature of customized online pages featuring user-defined or specified information, personal profiles, audio, video, photographic images, text, graphics and data; Software as a service (SAAS) services featuring software for sending electronic message alerts, and sending and receiving electronic messages via a global computer network; Platform as a service (PAAS) services featuring computer software platforms featuring technology that allows individuals to create and manage their online presences and engage in social networking and communication; Providing online facilities for others that give users the ability to upload, modify and share audio, video, photographic images, text, graphics and data; Operating search engines, namely, providing Internet search engines; Computer services, namely, providing interactive online facilities featuring technology that allows users to manage their online social networking communication and collaboration accounts; Providing online non-downloadable software for modifying the appearance and enabling transmission of audio, video, photographic images, text, graphics and data; File sharing services, namely, providing online facilities featuring technology enabling users to upload and download electronic files; Providing online non-downloadable software for managing social networking content, interacting with a virtual community, and transmission of images, audio, audio-visual and video content, photographs, videos, data, text, messages, comments, advertisements, media advertising communications and information; Computer services, namely, creating a virtual community for registered users to share, view, subscribe to and interact with images, audiovisual and video content and related data and information; Providing online non-downloadable software that gives users the ability to upload, edit, and share images, videos, audio and audio-visual content, text, graphics and data; Providing interactive online non-downloadable entertainment software for sharing digital images, photos, text, graphics, music, audio, video clips, and multimedia content"
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.
Yi, Crystal
/Crystal H. Yi/
Examining Attorney
Law Office 123
571.270.0763
crystal.yi@uspto.gov
How to respond. Click to file a response to this nonfinal Office action.
RESPONSE GUIDANCE