To: | Next Level Fitness & Wellness LLC (trademarks@sandsip.com) |
Subject: | U.S. Trademark Application Serial No. 90237084 - MELD - 1434.401.11 |
Sent: | March 05, 2021 09:56:11 AM |
Sent As: | ecom119@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90237084
Mark: MELD
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Correspondence Address:
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Applicant: Next Level Fitness & Wellness LLC
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Reference/Docket No. 1434.401.11
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: March 05, 2021
INTRODUCTION
SEARCH OF USPTO DATABASE OF MARKS
SUMMARY OF ISSUES
· Classification & Identification of Services Requirement
CLASSIFICATION & IDENTIFICATION OF SERVICES REQUIREMENT
The wording “Physical fitness training services for personal use via nondownloadable streaming videos” in the identification of services is indefinite and must be clarified because it does not make clear the exact nature of the services, e.g., provision of online non-downloadable streaming videos. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The services “Providing information in the fields of … health, and wellness” are classified incorrectly. Applicant must amend the application to classify the services in International Class 044. See 37 C.F.R. §§2.32(a)(7), 2.85; TMEP §§1401.02(a), 1401.03(b). Classification of information services is based on the subject matter of the information provided. TMEP §1402.11(b). The following are examples of acceptable identifications for information services: “providing business information via a website” is classified in International Class 035, “providing financial information via a website” is classified in International Class 036, “providing transportation information” is classified in International Class 039, and “providing medical information” is classified in International Class 044.
Applicant may adopt the following amended identification, if accurate, changes are shown in bold:
IC 041: Physical fitness instruction; Physical fitness training; Health club services, namely, providing instruction and equipment in the field of physical fitness and exercise; Physical fitness training services via provision of online non-downloadable videos; Physical fitness training services for personal use via provision of online non-downloadable streaming videos; Educational services, namely, live seminars, classes, and programs in the field of physical fitness training and exercise; Providing information in the fields of exercise, physical fitness
IC 044: Providing information in the fields of health and wellness
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.
RESPONDING TO CLASSIFICATION & IDENTIFICATION OF SERVICES REQUIREMENT
(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). The application identifies services that are classified in at least two 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 fee already paid.
See 37 C.F.R. §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, see the Multiple-class Application webpage.
ASSISTANCE
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.
/Jared M. Mason/
Trademark Examining Attorney
Law Office 119
(571) 272-4146
Jared.Mason@uspto.gov
RESPONSE GUIDANCE