| To: | SYMPLA INTERNET SOLUÇÕES S.A. (trademarks@dechert.com) |
| Subject: | U.S. TRADEMARK APPLICATION NO. 88030718 - SYMPLA - N/A |
| Sent: | 10/26/2018 3:23:19 PM |
| Sent As: | ECOM123@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
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U.S. APPLICATION SERIAL NO. 88030718
MARK: SYMPLA
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: SYMPLA INTERNET SOLUÇÕES S.A.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 10/26/2018
On July 16, 2018 applicant filed a Voluntary Amendment. In this Voluntary Amendment, applicant added a signed declaration to verify the initial application. The amended signature is acceptable and has been entered.
IDENTIFICATION OF GOODS AND SERVICES
Applicant may adopt the following identification, if accurate:
Class 9: Computer software, including
namely, computer software used in connection with for [indicate function of software, e.g., organizing,
coordinating, scheduling] events, concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, and galas;
pre-recorded entertainment, namely, pre-recorded [indicate specific goods, e.g., digital media devices, DVDs, CDs]
featuring [indicate subject matter, e.g., music, radio programs]; downloadable musical sound recordings, motion pictures and television programs
about [indicate subject matter or field of pictures and shows, e.g., comedy, news, science], electronic publications in
the nature of [indicate type of publication, e.g., books, magazines] in the field of [indicate subject matter or field of pictures and shows, e.g., comedy, news, science, beauty], and
electronic games programs
Class 35: Business advisory and consultancy services and consumer information services provided via the Internet in connection with the ticketing of and admission to events, concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, and galas; information, advisory, and consulting services in connection special event planning, organization, management, promotion, advertising, sponsorship, event ticketing management, and market sales reports for events and expositions for marketing, branding, promoting or advertising the goods and services of others; information, advisory, and consulting services with respect to audience and attendee [indicate subscription services, e.g., Subscription-based order fulfillment services in the field of {indicate goods, e.g., event tickets}]; information, advisory, and consulting services with respect to audience and attendee registration, in particular, [indicate specific registration services, e.g., Providing on-line registration services for {indicate event or function, e.g., sports tournament, instructional classes}]; information, advisory, and consulting services with respect to audience and attendee validation, admission, check-in, accreditation in particular, for [indicate services, e.g., Entertainment admission venue control services in the nature of the remote verification of ticket validity upon presentation of tickets at an entertainment venue]; information, advisory, and consulting services with respect to audience and attendee communications, namely, for [indicate specific area, e.g., Advertising services in the nature of promoting and marketing the goods and services of others through all public communication means, Consultancy regarding public relations communication strategies]; information, advisory, and consulting services with respect to audience and attendee mailing lists, databases, and contacts, namely, for [indicate specific services, e.g., mailing list preparation, Compiling of information into computer databases, Provision of commercial and business contact information]; information, advisory, and consulting services with respect to audience and attendee mailing lists, databases, and contacts, namely, [indicate specific area, e.g., demographic consultation]; Information, advisory, and consulting services with respect to audience and attendee customer support, namely, for [indicate specific area, e.g., Customer service management for others, Customer services in the nature of responding to customers inquiries for others in the field of {indicate specific field, e.g., cultural events}]
Class 36: Information, advisory, and consulting services with respect to audience and attendee payments and refunds, namely, for [indicate specific payment services, e.g., Providing electronic processing of credit card transactions and electronic payments via a global computer network, Payment verification]
Class 41: Entertainment information, and advisory and consulting services in the field of entertainment, namely, [indicate specific entertainment area, e.g., party
planning consultation, Consultation in the field of special event planning for social entertainment purposes]; sales of ticket and admission ticket
reservation and booking services to events, concerts, stage shows, theatrical performances, expositions, conferences, demonstrations, sporting events, educational programs, parties, and
galas; information, advisory, and consulting services in connection with the planning, organization, management, promotion, advertising, sponsorship, and ticketing agency services, and sales reporting for cultural events, concerts, stage
shows, theatrical performances, expositions, sporting events, educational programs, parties, and galas not for commercial, promotional or advertising
purposes; information, advisory, and consulting services with respect to audience and attendee ticketing reservation and booking, subscriptions,
invitations, registration, validation, admission ticket reservation and booking services, check-in, accreditation, crowd
control, payments, refunds, communications, mailing lists, databases, contacts, feedback services in the nature of [indicate
specific area, e.g., the provision of on-line reviews of {indicate entertainment subject matter of reviews, e.g., movies, music events}], demographics, and customer support
Class 42: Information, advisory, and consulting services with respect to audience and attendee customer support, namely, for [indicate specific area, e.g., Technology advice provided to Internet users by means of a support hotline]
Class 45: Information, advisory, and consulting services with respect to audience and attendee crowd control, namely, for [indicate specific crowd control services, e.g., Physical security consultancy, Rental of crowd control barriers]
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or 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 goods and/or 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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least six classes; however, applicant submitted a fee(s) sufficient for only three classes. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
EXPLANATION OF MARK’S SIGNIFICANCE REQUIRED
FOREIGN REGISTRATION CERTIFICATE REQUIRED
The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application. See 15 U.S.C. §§1051(b), 1126(d); 37 C.F.R. §2.34(a)(2), (a)(4). However, no copy of a foreign registration has been provided even though the application indicates applicant’s intent to rely on Section 44(e) as an additional basis for registration. See 15 U.S.C. §1126(e).
An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicant’s country of origin. 15 U.S.C. §1126(e); 37 C.F.R. §2.34(a)(3)(ii); TMEP §§1004, 1004.01, 1016. In addition, an applicant’s country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. 15 U.S.C. §1126(b); TMEP §§1002.01, 1004.
Therefore, applicant must provide a copy of the foreign registration from applicant’s country of origin when it becomes available. TMEP §1003.04(a). A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicant’s country of origin. TMEP §1004.01. If applicant’s country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicant’s country of origin. TMEP §1016. In addition, applicant must also provide an English translation if the foreign registration is not written in English. 37 C.F.R. §2.34(a)(3)(ii); TMEP §1004.01(a)-(b). The translation should be signed by the translator. TMEP §1004.01(b).
If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available. TMEP §§716.02(b), 1003.04(b).
If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis. See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.35(b)(1); TMEP §§806.02(f), 806.04(b), 1003.04(b). Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed. See 15 U.S.C. §1051(c)-(d); 37 C.F.R. §§2.76, 2.88; TMEP §1103. Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration. See 37 C.F.R. §2.35(b)(3)-(4); TMEP §§806.02(f), 806.04(b).
Alternatively, applicant has the option to amend the application to rely solely on the Section 44(e) basis and request deletion of the Section 1(b) basis. See 37 C.F.R. §2.35(b)(1); TMEP §806.04. The foreign registration alone may serve as the basis for obtaining a U.S. registration. See 37 C.F.R. §2.34(a)(3); TMEP §806.01(d).
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
Hartnett, Megan K.
/Megan Hartnett/
Examining Attorney
Trademark Law Office 123
(571) 270-1977
megan.hartnett@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.