To: | Bullhorn, Inc. (trademark2@morse.law) |
Subject: | U.S. Trademark Application Serial No. 90326981 - BULLHORN CONNECT - 10012-35413 |
Sent: | April 20, 2021 05:00:30 PM |
Sent As: | ecom117@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90326981
Mark: BULLHORN CONNECT
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Correspondence Address: 480 TOTTEN POND ROAD, 4TH FLOOR
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Applicant: Bullhorn, Inc.
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Reference/Docket No. 10012-35413
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: April 20, 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.
PLEASE NOTE: Please call or email the assigned trademark examining attorney to resolve the issues in this Office action. Although the USPTO does not accept emails as responses to Office actions, communication by phone or email is permissible to agree to proposed amendments to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
SEARCH OF USPTO DATABASE OF MARKS
REQUIREMENT – DISCLAIMER
The attached evidence from Macmillan Dictionary shows this wording “to make is possible for someone to communicate using a computer network.” See http://www.macmillandictionary.com/us/dictionary/american/connect. In its identification, applicant indicates that its services are provision of a web site that features temporary use of non-downloadable software for accessing a platform to interact with systems. Thus, the wording merely describes applicant’s services because the services allow one to communicate using a computer network.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “CONNECT” 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.
REQUIREMENT – AMEND IDENTIFICATION OF SERVICES
The wording “… human resources functions and personnel placement which allows candidates and active workers to use one platform to interact with the systems of their specific employers to register with their employee system, apply for jobs, sign onboarding documents, enter time, see pay and other employment related tasks” is indefinite and must be clarified because it does not make clear the specific function of the software. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend the identification to incorporate clarifying language and re-orient the existing language to make clear the exact functions of the software.
If accurate, applicant may adopt the following identification with suggested language specified in bold:
International Class 42: Providing a web site featuring temporary use of non-downloadable software that allows user employee candidates to register with employers via their employment database systems, apply for jobs, sign onboarding documents, enter work time hours, see work pay-related information, and perform other employment-related tasks, namely, [specify tasks, e.g., verify time sheets], and which allows user employee candidates and active employees to use one platform to interact with the employment database systems of their specific employers.
Scope Advisory
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.
ASSISTANCE
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.
Rhoda Nkojo
/Rhoda Nkojo/
Examining Attorney
Law Office 117
(571) 272-8468
Rhoda.Nkojo@uspto.gov
RESPONSE GUIDANCE