To: | JSC Federal Credit Union (krowe@sgrlaw.com) |
Subject: | U.S. Trademark Application Serial No. 90350773 - WELLBY FINANCIAL - N/A |
Sent: | May 18, 2021 07:25:46 PM |
Sent As: | ecom125@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90350773
Mark: WELLBY FINANCIAL
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Correspondence Address: SMITH, GAMBRELL & RUSSELL, LLP 50 N. LAURA STREET, SUITE 2600
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Applicant: JSC Federal Credit Union
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Reference/Docket No. N/A
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: May 18, 2021
SEARCH OF USPTO DATABASE OF MARKS
The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
APPLICANT MUST AMEND ITS IDENTIFICATION OF SERVICES
Certain wording in the identification is indefinite or overly broad and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03, 1904.02(c), (c)(ii). Please see the notes and suggested amendments below.
Applicant should note that any wording in bold, in italics, and/or in ALL CAPS below offers guidance and/or shows the changes being
proposed for the identification of goods and services. If there is wording in the applicant’s version of the identification of goods and services which should be
removed, it will be shown with a line through it such as this: strikethrough. When making its amendments, applicant should enter them in standard font, not in
bold, in italics, underlined and/or in ALL CAPS.
Applicant may substitute the following wording, if accurate:
International Class 36: Credit Union banking services; financial services, NAMELY, {applicant must further specify the nature of the services, e.g., money lending, financial planning and investment advisory services, financial investment brokerage services}; providing financing for real estate mortgages
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.
APPLICANT MUST DISCLAIM THE WORD “FINANCIAL”
Here, applicant’s services include financial services. Thus, the word “FINANCIAL” is merely descriptive of a characteristic of the services.
Applicant may respond to this issue by submitting a disclaimer in the following format:
No claim is made to the exclusive right to use “FINANCIAL” 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.
How to respond. Click to file a response to this nonfinal Office action.
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.
/Kyle Ingram/
Kyle Ingram
Attorney Advisor
Law Office 125
(571)272-5276
Kyle.ingram@uspto.gov
RESPONSE GUIDANCE