To: | Culture Sonar, Inc. (ivan@ivansaperstein.com) |
Subject: | U.S. Trademark Application Serial No. 90036179 - NOW WITH PURPOSE - N/A |
Sent: | October 14, 2020 01:18:55 PM |
Sent As: | ecom121@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90036179
Mark: NOW WITH PURPOSE
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Correspondence Address:
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Applicant: Culture Sonar, 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: October 14, 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 OF USPTO DATABASE OF MARKS
SPECIMEN REFUSAL – NO ASSOCIATION WITH APPLIED-FOR SERVICES
Specifically, the specimen shows what appears to be a Facebook® page with a non-matching version of the mark appearing on the page. However, there is no information on the page concerning the nature of any goods and/or services provided on the page.
Examples of specimens. 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).
Any webpage printout or screenshot submitted as a specimen, whether for goods or services, must include the webpage’s URL and the date it was accessed or printed. 37 C.F.R. §2.56(c).
Response options. Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) 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. A “verified substitute specimen” is a specimen that is accompanied by 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.” The substitute specimen cannot be accepted without this statement.
(2) 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 TO IDENTIFICATION OF SERVICES REQUIRED
International Class 41: Providing a web site featuring the ratings, reviews and recommendations of users on events and activities in the field of entertainment and education; Providing on-line publications in the nature of online journals, namely, blogs featuring recommendations in health, wellness and sustainability and related topics; Providing on-line publications in the nature of non-downloadable articles and videos in the field of health, wellness and sustainability and related fields
For assistance with identifying and classifying services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
AMENDMENT TO DESCRIPTION OF MARK REQUIRED
To clarify how white is being used in the mark, applicant may satisfy one of the following:
(1) If white is a feature of the mark, applicant must amend the color claim to include it and amend the description to identify where white appears in the literal and/or design elements of the mark. The following color claim and description are suggested, if accurate:
Color claim: “The color(s) green, blue, and white is/are claimed as a feature of the mark.”
Description: “The mark consists of the stylized wording “NOW with PURPOSE” with the words “NOW” and “PURPOSE” in blue and “with” in green with a green leaf as part of the letter “O” in the word “NOW”. All of the foregoing is on a white background.”
(2) If white is not a feature of the mark, applicant must amend the description to state that white represents background, outlining, shading and/or transparent areas and is not part of the mark. The following description is suggested, if accurate:
“The mark consists of the stylized wording “NOW with PURPOSE” with the words “NOW” and “PURPOSE” in blue and “with” in green with a green leaf as part of the letter “O” in the word “NOW”. White in the mark represents background, outlining, shading, and/or transparent areas and is not claimed as a feature of the mark.”
TMEP §807.07(d).
RESPONSE GUIDELINES
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.
/Steven W. Ferrell Jr./
Examining Attorney
Law Office 121
(571) 270-3424
steven.ferrell@uspto.gov
RESPONSE GUIDANCE