To: | Winterwind Inc. (trademark@ip-appeals.com) |
Subject: | U.S. Trademark Application Serial No. 90463030 - WINTERWIND - 1031-0002 |
Sent: | August 03, 2021 10:43:12 PM |
Sent As: | ecom105@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90463030
Mark: WINTERWIND
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Correspondence Address: 2244 GREEN HEDGES WAY, SUITE 101
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Applicant: Winterwind Inc.
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Reference/Docket No. 1031-0002
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: August 03, 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.
SEARCH OF USPTO DATABASE OF MARKS
IDENTIFICATION AND CLASSIFICATION OF SERVICES
Applicant has applied to register the mark WINTERWIND for “Consultancy in the fields of computer software, blockchain technology, computer software conceptualization, mobile applications, websites, and web page design; Building and maintaining websites and mobile applications; Computer programming, software design and the writing of computer software; Design, creation, hosting and maintenance of internet sites and mobile applications for third parties; Design, development, deployment and maintenance of computer software; Installation, maintenance and repair of software for computer systems; Web hosting; Technical support services in the form of troubleshooting of computer software, mobile applications, and internet site problems; Design, development, and implementation of blockchain technology” in International Class 42.
The applicant’s identification requires amendment. It contains wording that is indefinite, too broad, and/or potentially misclassified.
Applicant must clarify the wording “Consultancy in the fields of computer software, blockchain technology, computer software conceptualization, mobile applications, websites, and web page design.” Consultancy services are classified based on the specific field of the consulting services. In this case, the wording “websites” and “blockchain technology” requires clarification to justify classification in Class 42. For example, if the applicant is offering “Consultancy in the field of cryptocurrency exchange services featuring blockchain technology” the proper Class is 36. Moreover, if the applicant is offering “Consultancy in the field of website traffic optimization” the proper class is International Class 35.
Finally, applicant must clarify the nature of the blockchain technology in relation to the wording “Design, development, and implementation of blockchain technology” in International Class 42. For example, “Design, development and implementation of blockchain technology software platforms” is a definite identification in Class 42.
Applicant may substitute the following wording, if accurate: (Suggested Additions in BOLD)
International Class 35: Consultancy in the field of website traffic optimization
International Class 42: Consultancy in the fields of computer software, user authentication services using blockchain technology, computer software conceptualization, mobile applications, web site hosting services, and web page design; Building and maintaining websites and mobile applications; Design, creation, hosting and maintenance of internet sites and mobile applications for third parties; Design, development, deployment and maintenance of computer software; Installation, maintenance and repair of software for computer systems; Web site hosting services; Technical support services in the form of troubleshooting of computer software, mobile applications, and internet site problems; Design, development, and implementation of blockchain technology software platforms
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 APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). Applicant must either (a) submit the filing fees for the classes not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimen is acceptable for class(es) 42; and applicant needs a specimen for class(es) 35. See more information about specimens.
Examples of specimens. Specimens for services must show a direct association between the mark and the services and include: (1) copies of advertising and marketing material, (2) a photograph of business signage or billboards, or (3) materials showing the mark in the sale, rendering, or advertising of the services. See 37 C.F.R. §2.56(b)(2), (c); TMEP §1301.04(a), (h)(iv)(C).
Any webpage printout or screenshot submitted as a specimen must include the webpage’s URL and the date it was accessed or printed on the specimen itself, within the TEAS form that submits the specimen, or in a verified statement under 37 C.F.R. §2.20 or 28 U.S.C. §1746 in a later-filed response. See 37 C.F.R. §2.56(c); TMEP §§904.03(i), 1301.04(a).
(5) Submit a verified statement that “The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application.” See more information about verification.
See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c).
For an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form, see the Multiple-class Application webpage.
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.
Joseph Canfield
/Joseph Canfield/
Examining Attorney
Law Office 105
(571) 270 - 0509
Joseph.Canfield@USPTO.gov
RESPONSE GUIDANCE