Results 1 to 3 of 3
  1. #1

    Default Replying to a Trademark Examiner

    I have applied for a US trademark and received a reply from the examiner stating, essentially,
    that the specimen doesn't show the mark associated with the services claimed in applicantís identification, the specimen shows a website allowing users to upload media for entertainment purposes, but the applicantís identification outlines a website allowing that function but for business purposes.

    So, does this mean I need to reply with a new classification?

    Also, if I reply with a different classification and the examiner doesn't think it's correct again, what happens next?

    Is there a cost every time I submit a response?

    Thanks, I look forward to being enlightened

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    95,344

    Default Re: Replying to a Trademark Examiner

    Quote Quoting chrisjchrisj
    View Post
    So, does this mean I need to reply with a new classification?
    If your mark is only for business purposes, and your use is only for entertainment purposes, then that is something you will need to correct. If your use is for both purposes, you can provide a specimen showing the use for business purposes and decide for yourself if you want to obtain formal protection for the entertainment side of your operation.
    Quote Quoting chrisjchrisj
    Also, if I reply with a different classification and the examiner doesn't think it's correct again, what happens next?
    Then you'll get another letter seeking clarification or correction.
    Quote Quoting chrisjchrisj
    Is there a cost every time I submit a response?
    For merely responding, as long as you do so in a timely manner, there should not be a fee. For a late response, or to amend your mark, there would be a fee.

  3. #3

    Default Re: Replying to a Trademark Examiner

    Thanks for your reply.
    Regarding "that is something you will need to correct", do you mean providing a new classification?

    I looked at this classification possibility:

    042-1564
    Providing a web site featuring technology that enables users to {indicate functions or tasks that the website technology enables}

    It appears that an applicant can fill-in specifics, of this classification, between the brackets {}.
    Do you know if my assumption is accurate?

    1. Sponsored Links
       

Similar Threads

  1. Collection Lawsuits: Replying to a Letter from a Collection Firm After Missing Payments
    By Jesstears4u in forum Debts and Collections
    Replies: 2
    Last Post: 07-28-2016, 12:34 PM
  2. Trials: Is a Medical Examiner's Testimony Enough to Establish Homicide
    By huntsab in forum Criminal Procedure
    Replies: 23
    Last Post: 06-02-2013, 06:35 AM
  3. Pleadings: Replying to Filing
    By winbluck in forum Civil Procedure
    Replies: 1
    Last Post: 05-17-2009, 02:14 PM
  4. Understanding a Workers Comp Medical Examiner's Report
    By getting tired in forum Worker's Compensation
    Replies: 3
    Last Post: 03-12-2007, 10:14 AM
  5. Private Investigators: Bar Examiner Investigations
    By DeepQuestion in forum Legal Practice
    Replies: 1
    Last Post: 10-18-2006, 10:55 AM
 
 
Sponsored Links

Legal Help, Information and Resources

Forum Sponsor
Protect Your Work
Online copyright, patent, trademark registration. Fast, easy, affordable.