To: | Cboe Exchange, Inc. (bhipdocket@bakerlaw.com) |
Subject: | U.S. Trademark Application Serial No. 90229246 - NANO - 118004.00316 |
Sent: | February 27, 2021 09:22:27 AM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90229246
Mark: NANO
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Correspondence Address: |
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Applicant: Cboe Exchange, Inc.
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Reference/Docket No. 118004.00316
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: February 27, 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.
Search Results
However, the applicant must respond to the following issues.
Recitation of Services – Class 36
Please note: This requirement pertains to the following services only – “options and futures market services featuring index option and futures contracts”.
The wording “options and futures market services featuring index option and futures contracts” requires clarification, as the nature of the services that are being provided is unclear. See TMEP §1402.01.
The applicant must provide the common commercial name for the services or specify the nature of the services. The proper classification of the services will depend on the type of services that are being provided. The applicant may adopt the following wording, if accurate:
Class 36: Financial services, namely, agencies or brokerage for trading of securities index futures, securities options, and overseas market securities futures and providing information regarding the trading of financial instruments
Class 41: Educational services, namely, providing seminars, presentations, and workshops in the field of financial products and services
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.
Additional Information Required
Please note: This requirement pertains to the following services only – “options and futures market services featuring index option and futures contracts”.
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 regarding the services 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).
Advisory – Failure to Respond
If the applicant has any questions or requires assistance in responding to this Office action, please contact the undersigned examining attorney.
How to respond. Click to file a response to this nonfinal Office action.
/Amy Alfieri/
Trademark Examining Attorney
Law Office 109
571-272-9422
amy.alfieri@uspto.gov
RESPONSE GUIDANCE