To: | Excel Impact, LLC (trademarks@leehayes.com) |
Subject: | U.S. Trademark Application Serial No. 90279230 - AGILERATES - E121-0002TMU |
Sent: | October 22, 2021 10:09:40 PM |
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. 90279230
Mark: AGILERATES
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Correspondence Address: 601 W. RIVERSIDE AVE SUITE 1400
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Applicant: Excel Impact, LLC
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Reference/Docket No. E121-0002TMU
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: October 22, 2021
In the incoming correspondence of July 23, 2021, the applicant amended the identification, which requires clarification for the services specified below. The applicant failed to address the request for information in regard to the services, which is maintained and continued. The applicant is advised as follows:
THIS PARTIAL REFUSAL APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN
“Providing an internet website portal featuring non-downloadable software for the purposes of providing insurance rate price quotations, policy binding, and initiate contact requests; providing a website containing current events news for the insurance industry.”
The application will then proceed with the following services in International Class 35 and 41 only:
“Providing insurance referrals to consumers and businesses; promoting the brokerage services of others in the field of insurance; data compiling and analyzing in the field of insurance; providing a website featuring commercial information in the nature of recommendations, ratings, and reviews concerning insurance providers” in Class 35; and
“Providing a website featuring news in the nature of current events relating to the insurance industry; providing nondownloadable, online electronic publications, reports, and newsletters, all containing financial news, insurance information and analysis for the insurance industry and those seeking insurance information” in Class 41.
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
IDENTIFICATION
The applicant was requested to provide a definite identification. The examiner has considered the applicant’s amendments and has found clarification is required for some of the services.
The wording specified below in the identification of services is indefinite and must be clarified because the nature of the services is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording to specify the common commercial or generic name of the services. See TMEP §1402.01. If the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language. See id.
The applicant was previously counseled that “providing an internet website portal featuring non-downloadable software for the purposes of providing insurance rate price quotations, policy binding, and initiate contact requests” in Class 35 appears to be misclassified. It appears the applicant is providing “insurance” services via a website. If this is the case, the applicant should set forth the services in their identification by listing the principal activity first and then indicating that such services are "provided by means of a website” or “provided via a website.” The applicant must clarify the nature of the services and classify them accordingly. See generally TMEP §§1402.01, 1402.01(a).
It is noted that the applicant has amended the services to include “providing a website containing current events news for the insurance industry” in Class 35 and “providing a website featuring news in the nature of current events relating to the insurance industry” in Class 41. The applicant was previously counseled that the use of the terms “current events news for the insurance industry” is indefinite since it may refer to various types of information. The applicant must clarify the nature of the “current events” and classify the services accordingly.
Applicant may substitute the following wording, if accurate:
“Providing insurance referrals to consumers and businesses; promoting the brokerage services of others in the field of insurance; data compiling and analyzing in the field of insurance; providing a website featuring commercial information in the nature of recommendations, ratings, and reviews concerning insurance providers” in Class 35; and
“Providing an internet website portal featuring information in the field of insurance rate quotes, insurance policies and insurance contract information” in Class 36; and
“Providing a website featuring current event news relating to the insurance industry; providing nondownloadable, online electronic publications, reports, and newsletters, all containing financial news, insurance information and analysis for the insurance industry and those seeking insurance information” in Class 41; and/or
“Providing a website featuring on-line non-downloadable software that enables users to obtain insurance rate price quotations, execute electronic processing of insurance policy contract binders, and to initiate customer services requests” in Class 42.
Applicant’s goods and 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.
The requirement for a definite identification is maintained and continued.
CLASSIFICATION
The requirement for the proper classification is maintained and continued.
ADDITIONAL CLASSES
(1) List the 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 fees already paid (view the USPTO’s current fee schedule). The application identifies services that are classified in at least four classes; however, applicant submitted fees sufficient for only two classes. 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 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.
These requirements are maintained and continued.
SIGNIFICANCE REQUEST
The applicant was requested to provide information regarding the services and failed to do so.
To permit proper examination of the application, applicant must provide all the following information:
(1) Explain whether the wording “AGILE” in the mark has any meaning or significance in the trade or industry in which applicant’s services are provided, any meaning or significance as applied to applicant’s services, or if such wording is a term of art within applicant’s industry.
(2) Explain how the wording “AGILE” refers to insurance, insurance rates and/or types of insurance coverage.
See 37 C.F.R. §2.61(b); TMEP §814.
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.
The requirement for significance information is maintained and continued.
RESPONSE GUIDELINES
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.
/Paula Mahoney/
Trademark Examining Attorney
Law Office 119
571-272-9191
paula.mahoney@uspto.gov
RESPONSE GUIDANCE