To: | Michalski, Craig (goosesffs@gmail.com) |
Subject: | U.S. Trademark Application Serial No. 90086970 - SANCTIFIED SOULS RIDING CLUB - N/A |
Sent: | November 19, 2020 12:51:32 PM |
Sent As: | ecom130@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90086970
Mark: SANCTIFIED SOULS RIDING CLUB
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Correspondence Address:
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Applicant: Michalski, Craig
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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: November 19, 2020
SEARCH OF USPTO DATABASE OF MARKS
IDENTIFICATION AND CLASSIFICATION OF SERVICES
Organizing chapters of a {indicate specific group, e.g., motorcycle, sky diving, book reading, etc.} club and promoting the interests of the members thereof
However, applicant inserted wording that goes beyond merely specifying the group and is confusing. Applicant may adopt the following identification, if accurate:
“Organizing chapters of a motorcycle riding club that helps the community with fundraisers and riding events for members who ride motorcycles as a hobby and promoting the interests of the members thereof” in International Class 035
DESCRIPTION ADVISORY: Identifications of services are examined in accordance with the Trademark Rules of Practice and the USPTO’s policies and procedures in effect on the date an application is filed (although an applicant may voluntarily choose to follow policies and procedures adopted after the application was filed). See 37 C.F.R. §2.85(e)(1)-(e)(2); TMEP §§1401.09, 1402.14. For guidance on drafting acceptable identifications of services, use the USPTO’s online U.S. Acceptable Identification of Goods and Services Manual (ID Manual), which is continually updated in accordance with prevailing rules and policies. See TMEP §1402.04.
The attached evidence from American Heritage® Dictionary of the English Language shows RIDING means “The act or an instance of riding, as in a vehicle” while CLUB means “A group of people organized for a common purpose”. The wording appears in the identification of services itself. Thus, the wording merely describes applicant’s services as involving a club for motorcycle riders.
In other words, applicant’s mark will remain “SANCTIFIED SOULS RIDING CLUB” with the statement in the Office records that applicant does not claim to have sole rights in the descriptive wording. If applicant does not provide the required disclaimer, the USPTO may refuse to register the entire mark. See In re Stereotaxis Inc., 429 F.3d 1039, 1041, 77 USPQ2d 1087, 1089 (Fed. Cir. 2005); TMEP §1213.01(b).
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “RIDING CLUB” apart from the mark as shown.
For an overview of disclaimers and instructions on how to provide one using the Trademark Electronic Application System (TEAS), see the Disclaimer webpage.
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
Because of the legal technicalities and strict deadlines of the trademark application process, applicant is encouraged to hire a private attorney who specializes in trademark matters to assist in this process. The assigned trademark examining attorney can provide only limited assistance explaining the content of an Office action and the application process. USPTO staff cannot provide legal advice or statements about an applicant’s legal rights. TMEP §§705.02, 709.06. See Hiring a U.S.-licensed trademark attorney for more information.
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.
/Ms. Tasneem Hussain/
Trademark Examining Attorney
Law Office 130
tasneem.hussain@uspto.gov (preferred)
571.272.8273
RESPONSE GUIDANCE