To: | REALVOLVE, INC. (trademarks@legalforcelaw.com) |
Subject: | U.S. Trademark Application Serial No. 88933288 - ELLA - 1226963 |
Sent: | August 26, 2020 04:15:15 PM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88933288
Mark: ELLA
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Correspondence Address: LEGALFORCE RAPC WORLDWIDE, P.C.
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Applicant: REALVOLVE, INC.
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Reference/Docket No. 1226963
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 26, 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.
SUMMARY OF ISSUES
1) Recitation of Services Requirement.
NO CONFLICTING MARKS NOTED
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
IDENTIFICATION OF SERVICES
The recitation of services is unacceptable as indefinite because as worded, the exact nature of the services is unclear. Specifically, the applicant must clarify what it is communicating or reporting as well as what it means by “and website.” The applicant must specify the exact nature of the services by its common commercial name. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. The suggested changes are in bold.
Applicant may adopt the following identification, if accurate:
“Software as a service (SAAS) featuring software for use by real estate agents and their associates for use in customer relationship management, lead management, workflow management, lead distribution, communication suite [Please clarify wording, namely as to what is being communicating], team accountability and reporting suite [Please clarify wording, namely as to what is being reported, i.e., sales],” in International Class 42.
Applicant may amend the identification to clarify or limit the services, but not to broaden or expand the services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted services may not later be reinserted. See TMEP §1402.07(e).
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.
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.
/Howard Smiga/
Examining Attorney
Law Office 102
571-272-9220
Howard.Smiga@uspto.gov
RESPONSE GUIDANCE