To: | RSE Markets, Inc. (nkmclaughlin@duanemorris.com) |
Subject: | U.S. Trademark Application Serial No. 90080187 - RALLY - N2289-00006 |
Sent: | November 17, 2020 03:36:18 PM |
Sent As: | ecom106@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90080187
Mark: RALLY
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Correspondence Address:
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Applicant: RSE Markets, Inc.
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Reference/Docket No. N2289-00006
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: November 17, 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.
Search of USPTO Database of Marks – Prior Pending Applications
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
Identification
The wording “computer software and downloadable mobile applications for buying and selling securities of collectibles and alternative assets; computer software and downloadable mobile applications for marketing relating to collectibles and alternative assets investing and community listing features including communication of user opinions about the market for, quality of, or value of a particular collectible or asset; computer software and downloadable mobile applications for lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; computer software and mobile applications for providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management;” “financial services, namely, trading and brokerage of collectibles and alternative assets; financial investment services of collectibles and alternative assets;” and “providing temporary use of a web-based software application for buying and selling securities in the nature of collectibles and alternative assets; providing temporary use of a web-based software application for marketing relating to collectibles and alternative assets investing and community listing features including communication of user opinions about the market for, quality of, or value of a particular collectible or asset; providing temporary use of a web-based software application for lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; ” in the identification is indefinite and must be clarified because it is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. The software, and collectibles must be further clarified, and the function of the software indicated. For the services, the collectibles and alternative assets must be further clarified. The wording “including” in the identification is indefinite and must be deleted and replaced with a definite term, such as “namely,” “consisting of,” “particularly,” or “in particular.” See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03(a). The identification must be specific and all-inclusive. This wording is an open-ended term (e.g., “including,” “such as”) that is not acceptable because it fails to identify specific services. See TMEP §1402.03(a). Applicant may substitute the following wording, if accurate:
Class 9 –
Downloadable computer software and downloadable mobile applications for buying and selling securities and alternative assets; downloadable computer software and downloadable mobile applications for use in marketing of collectibles and alternative assets investing and community listing features, namely, software for communicating with users about the market for, quality of, or value of a particular collectible or asset; downloadable computer software and downloadable mobile applications for use in lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; downloadable computer software and mobile applications for providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management
Class 36 –
Financial services, namely, trading and brokerage of alternative assets in the nature of securities; banking; cash management; providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management
Class 42 –
Providing temporary use of a web-based software application for buying and selling securities in the nature of collectibles and alternative assets; providing temporary use of a web-based software application for use in marketing of collectibles and alternative assets investing and community listing features, namely, software for communicating with users about the market for, quality of, or value of a particular collectible or asset; providing temporary use of a web-based software application for use in lead generation and creation of multimedia in the nature of presentations and advertisements, all relating to collectibles and alternative assets investing; providing temporary use of a web-based software application for providing information in the field of finance, investments, securities brokerage and securities trading, banking and cash management
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.
How to respond. Click to file a response to this nonfinal Office action.
/Tejbir Singh/
Trademark Attorney
Law Office 106
571-272-5878
571-273-9106 (fax)
Tejbir.Singh@uspto.gov
RESPONSE GUIDANCE