To: | Rogers, Rayshard Bernard (uspto@tm4smallbiz.com) |
Subject: | U.S. Trademark Application Serial No. 90175073 - THE R-N-R HOUR - N/A |
Sent: | January 22, 2021 12:40:28 PM |
Sent As: | ecom102@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90175073
Mark: THE R-N-R HOUR
|
|
Correspondence Address: ERIK M. PELTON & ASSOCIATES, PLLC
|
|
Applicant: Rogers, Rayshard Bernard
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
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: January 22, 2021
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.
SUMMARY OF ISSUES
1) Goods and Services Requirement.
2) Requirement for Combined Applications.
NO CONFLICTING MARKS NOTED
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
IDENTIFICATION OF GOODS/RECITATION OF SERVICES
The identification of goods/recitation of services is unacceptable as indefinite because as worded, the exact nature of the goods and services is unclear and may include goods/services in additional International Classes. Accordingly, the applicant must specify the exact nature of its goods and/or services by its common commercial name.
Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade. Factual information about the services must clearly indicate what the services are and how they are rendered, their salient features, and their prospective customers and channels of trade. Conclusory statements will not satisfy this requirement for information.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that information about the goods and services is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
Applicant must rewrite the identification of goods/recitation of services in its entirety because of the nature and extent of the amendment. 37 C.F.R. §2.74(b).
The applicant may adopt any or all of the following identifications, if accurate:
“Audio books in the nature of [Specify subject matter, i.e., novels, short stories],” in International Class 9.
“Downloadable non-fiction books in the field of [Indicate topic or field],” in International Class 9.
“Downloadable series of fiction books,” in International Class 9.
“Downloadable non-fiction books on a variety of topics,” in International Class 9.
“Printed books in the field of [Indicate subject matter],” in International Class 16.
“Series of fiction works, namely, printed novels and printed books featuring [Indicate topic or field],” in International Class 16.
“Series of printed fiction books,” in International Class 16.
“Series of printed fiction and non-fiction books on a variety of topics,” in International Class 16.
“Printed workbooks directed to {indicate subject matter},” in International Class 16.
“Printed educational publications, namely, workbooks in the fields of {indicate subject matters or fields of educational activity},” in International Class 16.
“Publishing of books in the field of spirituality and philosophy,” in International Class 41.
“Electronic publishing services, namely, publication of text and graphic works of others on {indicate format, e.g., CD, DVD, on-line} featuring topics relating to spirituality and philosophy,” in International Class 41.
“On-line journals, namely, blogs featuring topics relating to spirituality and philosophy,” in International Class 41.
TMEP Section 1402.01.
Applicant’s goods and/or 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. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
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.
REQUIREMENTS FOR COMBINED APPLICATIONS
The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule at http://www.gov.uspto.report/trademarks/tm_fee_info.jsp). The application identifies goods and/or services that are classified in at least three classes; however, applicant submitted a fee sufficient for only one class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/multiclass.jsp.
FEE FOR ADDING CLASSES IN TEAS STANDARD APPLICATIONS
The fee for adding classes to a TEAS Standard Fee (RF) application is $275 per class. See 37 C.F.R. §§2.6(a)(1)(iii), 2.23(a). See more information regarding the requirements for maintaining the lower TEAS RF fee and, if these requirements are not satisfied, for adding classes at a higher fee using regular TEAS.
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.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although an examining attorney cannot provide legal advice, the examining attorney can provide additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06.
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.
/Howard Smiga/
Examining Attorney
Law Office 102
571-272-9220
Howard.Smiga@uspto.gov
RESPONSE GUIDANCE