To:
Geniuses at Work Corporation (dhmlegalservices@gmail.com)
Subject:
U.S. TRADEMARK APPLICATION NO. 86393940 - H - N/A
Sent:
12/24/2014 3:41:37 PM
Sent As:
ECOM116@USPTO.GOV
Attachments:
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANTS TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86393940
MARK: H
*86393940*
CORRESPONDENT ADDRESS:
DAVID H. MCLAIN
DHM LEGAL SERVICES, LLC
1405 STONE RIDGE RD
SINKING SPRING, PA 19608-9534
CLICK HERE TO RESPOND TO THIS
LETTER:
http://www.uspto.gov/trademarks/teas/response_forms.jsp
VIEW YOUR APPLICATION FILE
APPLICANT: Geniuses at Work Corporation
CORRESPONDENTS REFERENCE/DOCKET NO :
N/A
CORRESPONDENT E-MAIL ADDRESS:
dhmlegalservices@gmail.com
OFFICE ACTION
STRICT DEADLINE TO RESPOND TO THIS LETTER
TO AVOID ABANDONMENT OF APPLICANTS TRADEMARK APPLICATION, THE USPTO
MUST RECEIVE APPLICANTS COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS
OF THE ISSUE/MAILING DATE BELOW.
ISSUE/MAILING DATE: 12/24/2014
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant
must respond timely and completely to the issues below. 15 U.S.C. 1062(b); 37 C.F.R. 2.62(a),
2.65(a); TMEP 711, 718.03.
SEARCH OF OFFICE DATABASE
The trademark examining attorney has searched the Offices database of registered and pending marks
and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP
704.02; see 15 U.S.C. 1052(d).
SPECIMEN OF USE UNACCEPTABLE
THIS REFUSAL APPLIES ONLY TO THE FOLLOWING SERVICES: bitcoin and other
cryptocurrency mining services
Registration is refused because the specimen does not show the applied-for mark in use in commerce in
connection with any of the services specified in the application. Trademark Act Sections 1 and 45, 15
U.S.C. 1051, 1127; 37 C.F.R. 2.34(a)(1)(iv), 2.56(a); In re Chengdu AOBI Info. Tech. Co., ___
USPQ2d ___, Ser. No. 77723547, 2011 TTAB LEXIS 188, at *3-6 (May 31, 2011) (redesignated
precedential Sept. 5, 2014); TMEP 904, 904.07(a), 1301.04(d), (g)(i). Specifically, the services are
listed as bitcoin and other cryptocurrency mining services. The specimens do not reference any of these
services in association with the mark in the application.
An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for
mark in use in commerce for each international class of goods and/or services identified in the application
or amendment to allege use. 15 U.S.C. 1051(a)(1); 37 C.F.R. 2.34(a)(1)(iv), 2.56(a); TMEP 904,
904.07(a).
Examples of specimens for goods include tags, labels, instruction manuals, containers, photographs that
show the mark on the actual goods or packaging, and displays associated with the actual goods at their
point of sale. See TMEP 904.03 et seq. Webpages may also be specimens for goods when they include
a picture or textual description of the goods associated with the mark and the means to order the goods.
TMEP 904.03(i). Examples of specimens for services include advertising and marketing materials,
brochures, photographs of business signage and billboards, and webpages that show the mark used in the
actual sale, rendering, or advertising of the services. See TMEP 1301.04(a), (h)(iv)(C).
Applicant may respond to this refusal by satisfying one of the following for each applicable international
class:
(1) Submit a different specimen (a verified substitute specimen) that (a) was in actual use in
commerce at least as early as the filing date of the application or prior to the filing of an
amendment to allege use and (b) shows the mark in actual use in commerce for the goods and/or
services identified in the application or amendment to allege use.
(2) Amend the filing basis to intent to use under Section 1(b), for which no specimen is required.
This option will later necessitate additional fee(s) and filing requirements such as providing a
specimen.
For an overview of both response options referenced above and instructions on how to satisfy either option
online using the Trademark Electronic Application System (TEAS) form, please go to
http://www.uspto.gov/trademarks/law/specimen.jsp.
COLOR CLAIM AND DESCRIPTION OF MARK REQUIREMENTS
The applied-for mark is not in standard characters and applicant did not provide a description of the mark
with the initial application. Applications for marks not in standard characters must include an accurate
and concise description of the entire mark that identifies literal elements as well as any design elements. In
addition, the color claim and description cannot specify alternative colors. See 37 C.F.R. 2.37; TMEP
808.01, 808.02, 808.03(b).
Therefore, applicant must provide an accurate color claim and description of the applied-for mark. The
following is suggested:
The color gray is claimed as a feature of the mark. The mark consists of a stylized letter H
appearing in gray.
COLOR CLAIM AND MARK DESCRIPTION DO NOT MATCH DRAWING OF MARKCLARIFICATION REQUIRED
The drawing shows the mark in colors that differ from those specified in the color claim and mark
description. Specifically, the drawing shows the mark in the color gray; however, the following colors
appear in the color claim and mark description: black or gray. The colors in the drawing, color claim, and
mark description must all agree. See 37 C.F.R. 2.52(b)(1); TMEP 807.07(a) et seq.
In the present case, amending the mark drawing to agree with the color claim and mark description would
not be considered a material alteration. However, any other amendments to the drawing will not be
accepted if such changes would materially alter the mark. 37 C.F.R. 2.72; see TMEP 807.07(c),
807.14 et seq.
Therefore, applicant must submit one of the following:
(1) A substitute color drawing that shows the mark in the colors specified in the color claim and
mark description. TMEP 807.07(c).
(2) A corrected color claim and mark description that agrees with the colors shown on the drawing.
Generic color names must be used to describe the colors in the mark, e.g., magenta, yellow,
turquoise. TMEP 807.07(a)(i)-(ii). If black, white, and/or gray are not being claimed as a color
feature of the mark, applicant must exclude them from the color claim and include in the mark
description a statement that the colors black, white, and/or gray represent background, outlining,
shading, and/or transparent areas and are not part of the mark. See TMEP 807.07(d). The
following color claim and mark description are suggested:
Color claim: The color gray are claimed as a feature of the mark.
Mark description: The mark consists of a stylized letter H appearing in gray
IDENTIFICATION OF GOODS AND SERVICES REQUIREMENTS
The wording bitcoin and other cryptocurrency mining services in the identification of services is
indefinite and must be clarified because the meaning of mining is unclear. See TMEP 1402.01.
Applicant may adopt all or part of the following identification of goods and services, if accurate. The
suggested amendments appear in bold:
Computer hardware and peripherals, in international class 9
Short-sleeved or long-sleeved t-shirts, in international class 25
Financial services, namely, payment transaction processing services for virtual
currencies, in international class 36
See TMEP 1402.01.
An applicant may only amend an identification to clarify or limit the goods and/or services, but not to add
to or broaden the scope of the goods and/or services. 37 C.F.R. 2.71(a); see TMEP 1402.06 et seq.,
1402.07.
For assistance with identifying and classifying goods and services in trademark applications, please see
the USPTOs online searchable U.S. Acceptable Identification of Goods and Services Manual at
http://tess2.uspto.gov/netahtml/tidm.html. See TMEP 1402.04.
/Khanh M. Le/
Trademark Examining Attorney
Law Office 116
U.S Patent & Trademark Office
Khanh.Le@USPTO.gov
(571) 272-9435
TO RESPOND TO THIS LETTER: Go to http://www.uspto.gov/trademarks/teas/response_forms.jsp. Please
wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System
(TEAS), to allow for necessary system updates of the application. For technical assistance with online
forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned
trademark examining attorney. E-mail communications will not be accepted as responses to Office
actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official
application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or
someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint
applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does
not miss crucial deadlines or official notices, check the status of the application every three to four months
using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.uspto.gov/. Please keep
a copy of the TSDR status screen. If the status shows no change for more than six months, contact the
Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-7869199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at
http://www.uspto.gov/trademarks/teas/correspondence.jsp.
To:
Geniuses at Work Corporation (dhmlegalservices@gmail.com)
Subject:
U.S. TRADEMARK APPLICATION NO. 86393940 - H - N/A
Sent:
12/24/2014 3:41:38 PM
Sent As:
ECOM116@USPTO.GOV
Attachments:
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
IMPORTANT NOTICE REGARDING YOUR
U.S. TRADEMARK APPLICATION
USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
ON 12/24/2014 FOR U.S. APPLICATION SERIAL NO. 86393940
Please follow the instructions below:
(1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov, enter the U.S.
application serial number, and click on Documents.
The Office action may not be immediately viewable, to allow for necessary system updates of the
application, but will be available within 24 hours of this e-mail notification.
(2) TIMELY RESPONSE IS REQUIRED: Please carefully review the Office action to determine (1)
how to respond, and (2) the applicable response time period. Your response deadline will be calculated
from 12/24/2014 (or sooner if specified in the Office action). For information regarding response time
periods, see http://www.uspto.gov/trademarks/process/status/responsetime.jsp.
Do NOT hit Reply to this e-mail notification, or otherwise e-mail your response because the
USPTO does NOT accept e-mails as responses to Office actions. Instead, the USPTO recommends that
you respond online using the Trademark Electronic Application System (TEAS) response form located at
http://www.uspto.gov/trademarks/teas/response_forms.jsp.
(3) QUESTIONS: For questions about the contents of the Office action itself, please contact the
assigned trademark examining attorney. For technical assistance in accessing or viewing the Office action
in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.
WARNING
Failure to file the required response by the applicable response deadline will result in the
ABANDONMENT of your application. For more information regarding abandonment, see
http://www.uspto.gov/trademarks/basics/abandon.jsp.
PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION: Private
companies not associated with the USPTO are using information provided in trademark applications to
mail or e-mail trademark-related solicitations. These companies often use names that closely resemble the
USPTO and their solicitations may look like an official government document. Many solicitations require
that you pay fees.
Please carefully review all correspondence you receive regarding this application to make sure that you are
responding to an official document from the USPTO rather than a private company solicitation. All
official USPTO correspondence will be mailed only from the United States Patent and Trademark
Office in Alexandria, VA; or sent by e-mail from the domain @uspto.gov. For more information on
how
to
handle
private
company
solicitations,
see
http://www.uspto.gov/trademarks/solicitation_warnings.jsp.
