To: | Playwire, LLC (jtpanourgias@comcast.net) |
Subject: | U.S. Trademark Application Serial No. 90001403 - RAMP - N/A |
Sent: | September 22, 2020 01:08:11 PM |
Sent As: | ecom120@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90001403
Mark: RAMP
|
|
Correspondence Address: |
|
Applicant: Playwire, LLC
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
COMBINED EXAMINER’S AMENDMENT/PRIORITY ACTION 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: September 22, 2020
USPTO database searched; no conflicting marks found. 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.
Applicant must address issue shown below. On September 18, 21, and 22, 2020, the examining attorney and John Panourgias, Esq. discussed the issue below. Applicant must timely respond to this issue. See 15 U.S.C. §1062(b); 37 C.F.R. §2.62(a); TMEP §708.05.
Outstanding requirements for multiple-class application must be satisfied. The application references goods and services based on use in commerce in more than one international class; therefore, applicant must satisfy all the requirements below for each international class:
(1) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and services based on use in commerce that are classified in at least 3 classes; however, applicant submitted a fee sufficient for only 1 class. Applicant must either (a) submit the filing fees for the classes not covered by the submitted fee or (b) restrict the application to the number of classes covered by the fee already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for classes 035 and 042, and applicant needs a specimen for class 009. See more information about specimens.
Examples of 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).
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
Application has been amended as shown below. As agreed to by the individual identified in the Priority Action section, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
Identification of goods and services amended. The identification of goods and services is amended to read as follows:
Class 009: Downloadable software platform for Turnkey digital monetization
Class 035: Advertising services for Turnkey digital monetization
Class 042: Providing temporary use of online non-downloadable software platform for Turnkey digital monetization
See TMEP §§1402.01, 1402.01(e).
Color claim added and mark description amended. The following color claim and amended mark description are added to the record:
Color claim: The color(s) blue is/are claimed as a feature of the mark.
Mark description: The mark consists of the wording “RAMP” in a stylized font in the color blue. A stylized design of an incomplete square in the color blue appears to the left of the wording. A blue arrow continues from the lower, left corner of the square upward through the open area of the square, which appears in the upper right of the square. All white in the drawing represents transparent background space.
37 C.F.R. §2.52(b)(1); TMEP §807.07(a)(i).
How to respond. Click to file a response to this nonfinal Office action.
Jeanine Gagliardi
/Jeanine Gagliardi/
Examining Attorney
Law Office 120
571-272-3177
jeanine.gagliardi@uspto.gov
RESPONSE GUIDANCE