To: | Digital Arc, LLC (trademark@gg-law.com) |
Subject: | U.S. Trademark Application Serial No. 90327026 - WEARC - 4158-009 |
Sent: | May 04, 2021 07:45:21 AM |
Sent As: | ecom108@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90327026
Mark: WEARC
|
|
Correspondence Address:
|
|
Applicant: Digital Arc, LLC
|
|
Reference/Docket No. 4158-009
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: May 04, 2021
Office Records Searched
Identification of Services Must Be Clarified
Wording in the identification of services is (1) indefinite and must be clarified, (2) overbroad in that it encompasses services in more than one international classification and/or (3) misclassified. See TMEP §1402.01. Please see suggested identification below for specific wording that requires clarification and/or reclassification. For example, the online distribution of materials in Class 38 is indefinite and misclassified; applicant will need to clarify the type/nature of the services as well as the type of materials that are being distributed via those services.
Applicant may adopt the following identification, if accurate. Please note that bolded wording/punctuation indicates a suggested addition(s)/amendment(s) to applicant’s current identification and wording/punctuation with a line through it indicates language of which the examining attorney is suggesting deletion. In addition, please note that the bracketed entries below require applicant to insert information. Finally, please note that the suggested identification includes an additional international classification and, if applicant adopts this suggested identification, applicant will need to comply with the requirements set forth in the multiple class requirements section below.
Class 38:
“Video teleconferencing; Web-based multimedia teleconferencing services; Network conference conferencing services; Telecommunication services,
namely, providing web-based multimedia teleconferencing and videoconferencing that allow simultaneous and asynchronous viewing, sharing, editing, and discussion of documents, data, and images by
participants via a web browser; Voice over Internet Protocol (VoIP) communication services; Internet broadcasting services, namely, broadcasting and streaming of audio and video recordings of live
events and meetings to remote attendees, and online distribution of materials in connection therewith.”
Class 41:
“Providing online, non-downloadable electronic publications in the nature of {indicate specific nature of publication} in the field of {indicate subject matter of publication} for use in connection with the internet broadcasting and streaming of audio and video recordings of live events.”
Identifications of goods and/or services can be amended only to clarify or limit the goods and/or services; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification. In addition, please note that, generally, any deleted goods and/or services may not later be reinserted. See 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.
Multiple Class Requirements - Advisory
(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(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least two classes; however, applicant submitted a fee(s) sufficient for only one class(es). 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.
Responding to this Office Action
How to respond. Click to file a response to this nonfinal Office action
For this application to proceed toward registration, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements.
If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end, the trademark will fail to register, and the application fee will not be refunded. See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a), 2.209(a); TMEP §§405.04, 718.01, 718.02. Where the application has been abandoned for failure to respond to an Office action, applicant’s only option would be to file a timely petition to revive the application, which, if granted, would allow the application to return to active status. See 37 C.F.R. §2.66; TMEP §1714. There is a $100 fee for such petitions. See 37 C.F.R. §§2.6, 2.66(b)(1).
Examiner’s Amendment
If applicant has an amendment that does not require the payment of a fee, submission of a specimen, response to a statutory refusal or declaration signature, applicant is encouraged to telephone the examining attorney to expedite the processing of the application.
Telephone/Email Suggested for Questions
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.
/Meghan Reinhart/
Meghan M. Reinhart
Trademark Examining Attorney
Law Office 108
(571) 272-2943
meghan.reinhart@uspto.gov
RESPONSE GUIDANCE