To: | Bybit Fintech Limited (ipdocket@eckertseamans.com) |
Subject: | U.S. Trademark Application Serial No. 90872593 - BYBIT - 316592-00004 |
Sent: | May 11, 2022 10:43:17 PM |
Sent As: | ecom302@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90872593
Mark: BYBIT
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Correspondence Address: |
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Applicant: Bybit Fintech Limited
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Reference/Docket No. 316592-00004
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 11, 2022
Introduction
Summary of Issues
· Advisory regarding Potential Section 2(d) Refusal – Prior-Filed Application
· Identification of Services Amendment Required
· Description of Mark Amendment Required
Advisory regarding Potential Section 2(d) Refusal – Prior-Filed Application
The filing date of pending U.S. Application Serial No. 90570413 precedes applicant’s filing date. See attached referenced application. If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced application.
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.
While applicant is not required to respond to the issue of the pending application, applicant must respond to the requirements below within the six-month deadline mentioned above to avoid abandonment.
Identification of Services Amendment Required
The applicant must amend to the identification of services.
Identifications of goods and/or services should generally be comprised of generic everyday wording for the goods and/or services, and exclude proprietary or potentially-proprietary wording, such as a registered term. See TMEP §§1402.01, 1402.09. The misspelling or phonetic equivalent of a registered mark should similarly be excluded, unless it is the common name of the goods and/or services. TMEP §1402.09. A registered mark indicates origin in one particular party and so may not be used to identify goods and/or services that originate in a party other than that registrant. TMEP §1402.09 (citing Camloc Fastener Corp. v. Grant, 119 USPQ at 264 n.1).
Applicant may replace such wording with the following, if accurate and appropriate:
· International Class 041: Providing financial instruction seminars; Arranging and conducting of training workshops, symposiums, and business conferences in the field of {specify the field of the services e.g., cryptocurrency investments}; Publication of on-line electronic books and journals; Providing on-line non-downloadable publications in the nature of blogs in the field of {specify the field of the services e.g., cryptocurrency investments}
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.
Description of Mark Amendment Required
Specifically, the description describes the overall shape as a square, however, the shape is a rectangle.
The following description is suggested, if accurate:
The mark consists of a rectangle with the word "BYBIT" centered inside the rectangle. The letter "I" appears in superscript.
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. 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.
/Daniel P. Wood/
Daniel P. Wood
Examining Attorney, Law Office 302
U.S. Patent & Trademark Office
571-272-8226
daniel.wood@uspto.gov
RESPONSE GUIDANCE