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Help with replying to Trademark Examiner

Discussion in 'Copyright, Trademark, Patent Law' started by chrisjchrisj, Nov 27, 2017.

  1. chrisjchrisj

    chrisjchrisj Law Topic Starter New Member

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    Jurisdiction:
    California
    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 applicant’s identification, the specimen shows a website allowing users to upload media for entertainment purposes, but the applicant’s 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. zddoodah

    zddoodah Well-Known Member

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    The first paragraph of your post -- to the extent I can understand it -- suggests that you should be seeking a patent, not a trademark.

    I strongly suggest you confer with a local intellectual property attorney because the only you're going to get this figured out is for a knowledgeable attorney to review exactly what it is you're doing and the documents you have submitted so far.
     
  3. chrisjchrisj

    chrisjchrisj Law Topic Starter New Member

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    Thanks for your reply.
    The trademark is for a service mark.
    Any other replies/help will be appreciated.
     

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