Legal Question in Intellectual Property in California
I am trying to register a mark for a website title. I received an office action letter for the trademark application to clarify the identification of services.
The website allows users to discuss all sorts of things - including goods, services, events, issues etc.
The letter says "The identification of services is indefinite and must be clarified because it fails to note the subject matter of the services. That is, the applicant has failed to tell us what type of goods, services, events or issues will be discussed..."
How do I reply to this letter? Should I append something like "discussions about goods, services, events, issues or general interest" to the end of the identification of services to clarify?
2 Answers from Attorneys
Trademarks can be tricky (they seem easy but they are not). I've worked on numerous office actions and they are all very fact specific. You really should consult a trademark attorney to resolve the office action.
As a Franchise Attorney I agree with the other attorney answer. Also you have not stated whether you applied for a federal vs. a state trademark registration. State registrations tend be significantly less formal. Finally I don't think your proposed reply is responsive. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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