To: | Larva Labs, LLC (mordecai@goldsteinllc.com) |
Subject: | U.S. Trademark Application Serial No. 90596620 - MEEBITS - N/A |
Sent: | October 28, 2021 06:26:05 PM |
Sent As: | ecom127@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90596620
Mark: MEEBITS
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Correspondence Address: 106 WEST 32ND STREET, 2ND FLOOR
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Applicant: Larva Labs, LLC
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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: October 28, 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
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION AND CLASSIFICATION OF GOODS AND SERVICES – AMENDMENT REQUIRED
An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language.
Applicant must also clarify the wording “non-fungible tokens (NFTS)” in the identification of goods and services in International Class 042 because it is indefinite and too broad. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear what the goods or services are. Further, this wording could identify goods or services in more than one international class. For example, it could identify “downloadable music files authenticated by non-fungible tokens (NFTs)” in International Class 009 or “provision of an online marketplace for buyers and sellers of downloadable digital art images authenticated by non-fungible tokens (NFTs)” in International Class 035.
Applicant has classified “providing online non-downloadable software for providing access to crypto-collectibles, non-fungible tokens and other application tokens” in International Class 041; however, the proper classification is International Class 042. Therefore, applicant may respond by (1) reclassifying these services in the proper international class, (2) deleting “providing online non-downloadable software for providing access to crypto-collectibles, non-fungible tokens and other application tokens” from the application, or (3) deleting the remainder of the items in the identification and reclassifying the specified services in the proper international class. See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq.
If applicant adds one or more international classes to the application, applicant must comply with the multiple-class requirements specified in this Office action.
Applicant may substitute the following, if accurate:
IC 009: Downloadable software for viewing crypto-collectibles, non-fungible tokens and other application tokens; downloadable software for use in electronically trading, storing, sending, receiving, accepting and transmitting crypto-collectibles, non-fungible tokens and other application tokens; downloadable software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital currency, and managing digital currency payment and exchange transactions; downloadable software for processing transactions related to crypto-collectibles, non-fungible tokens and other application tokens; downloadable authentication software for communications with computers and computer networks
IC 025: Apparel, namely, hats, t-shirts, and sweatshirts
IC 035: Provision of an online marketplace for buyers and sellers of downloadable digital art images authenticated by non-fungible tokens (NFTs)
Class 41: Providing online non-downloadable software for providing access to crypto-collectibles, non-fungible tokens and other application tokens; Entertainment services
in the nature of ongoing animated and/or television programs in the field of {indicate field or subject matter}; entertainment services in the
nature of production of animated television programs; entertainment services in the nature of development, creation, production, distribution, and post-production of animated
motion picture theatrical films
IC 042: Non-fungible tokens (NFTs); providing online non-downloadable software for providing access to crypto-collectibles, non-fungible tokens and other
application tokens; platform as a service (PAAS) featuring software platforms for providing access to crypto-collectibles, non-fungible tokens and other application tokens; platform as a service
(PAAS) featuring software platforms for downloading software, data, and image files from the Internet; providing temporary use of online non-downloadable software for use in electronically trading,
storing, sending, receiving, accepting and transmitting digital currency, crypto-collectibles, non-fungible tokens and other application tokens, and managing digital transactions; software as a
service (SAAS) services and platform as a service (PAAS) featuring software for use in connection with providing a digital platform for navigating digital art,
crypto-collectibles, non-fungible tokens and other application tokens, and non-fungible token marketplaces and auctions; Software as a service (SAAS) services and platform as a
service (PAAS) featuring software for use in connection with providing information for digital art, crypto-collectibles, non-fungible tokens and other application tokens.
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.
MULTIPLE CLASS 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 5 classes; however, applicant submitted fees sufficient for only 4 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.
The fee for adding classes to a TEAS Standard application is $350 per class. See 37 C.F.R. §2.6(a)(1)(iii). For more information about adding classes to an application, see the Multiple-class Application webpage.
Response Guidelines
For this application to proceed, applicant must explicitly address the requirements in this Office action. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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.
/Katherine A. Mahoney/
Katherine A. Mahoney
Examining Attorney
Law Office 127
(571)-272-3325
Katherine.Mahoney@uspto.gov
RESPONSE GUIDANCE