Suspension Letter

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

SUSPENSION NOTICE

No Response Required

 

 

Issue date:  January 14, 2021

 

The application is suspended for the reason(s) specified below.  See 37 C.F.R. §2.67; TMEP §§716 et seq. 

 

The pending application(s) below has an earlier filing date or effective filing date than applicant’s application.  If the mark in the application(s) below registers, the USPTO may refuse registration of applicant’s mark under Section 2(d) because of a likelihood of confusion with the registered mark(s).  15 U.S.C. §1052(d); see 37 C.F.R. §2.83; TMEP §1208.02(c).  Action on this application is suspended until the prior-filed application(s) below either registers or abandons.  37 C.F.R. §2.83(c).  Information relevant to the application(s) below was sent previously.

 

            - U.S. Application Serial No(s). 88819109 and 90019457

 

Refusal(s) and/or requirement(s) resolved and maintained and continued.  The following requirement is satisfied: 

 

•         REQUIREMENT – MARK DESCRIPTION

 

See TMEP §713.02.

 

The following refusal and requirement are maintained and continued: 

 

•         SECTION 2(d) REFUSAL – LIKELIHOOD OF CONFUSION

•         REQUIREMENT – IDENTIFICATION OF SERVICES

 

See id.  This refusal and requirement will be made final once this application is removed from suspension, unless a new issue arises.  See TMEP §716.01.

 

Applicant is advised that particular wording in the proposed amendment to the identification is not acceptable because it exceeds the scope of the identification in the application.  See 37 C.F.R. §§2.32(a)(6), 2.71(a); TMEP §§805, 1402.06 et seq., 1402.07.  Applicant’s services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Therefore, the original identification in the application, and any previously accepted amendments, remain operative for purposes of future amendment.  See 37 C.F.R. §2.71(a); TMEP §1402.07(d).

 

In this case, the application originally identified the following services in Class 42: “Computer services, namely, creating an on-line community for registered users to find sports players, sports facilities, schedule matches and competitions; Computer services, namely, hosting on-line interactive public calendars that allow multiple participants to share event schedules and facility reservations; Creating an on-line community for recreational athletes for the purpose of connecting players, teams and leagues and organizing game and sports activities; Creating an on-line community for sports players for the purpose of finding other players, scheduling in-person matches, and reporting scores”.

 

However, the proposed amendment identifies the following services in Class 42: “Computer services, namely, an artificial intelligent assistant that enables sports players to find other players, play sports, and win prizes”.  

 

This portion of the proposed amendment is beyond the scope of the original identification because “an artificial intelligent assistant” does not fall within any of the services related to on-line communities or interactive public calendars, as originally identified in Class 42 of the application.

 

Suspension process.  The USPTO will periodically check this application to determine if it should remain suspended.  See TMEP §716.04.  As needed, the trademark examining attorney will issue a letter to applicant to inquire about the status of the reason for the suspension.  TMEP §716.05. 

 

No response required.  Applicant may file a response, but is not required to do so. 

 

 

/Jillian Renee Burch/

Trademark Examining Attorney

Law Office 128

571-272-3384

jillian.burch@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on January 14, 2021 for

U.S. Trademark Application Serial No. 90035213

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Jillian Renee Burch/

Trademark Examining Attorney

Law Office 128

571-272-3384

jillian.burch@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”