To:
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`Subject:
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`Sent:
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`Sent As:
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`Attachments:
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`METROPOLITAN WASHINGTON AIRPORTS AUTHORI ETC. (
`TJUNEAU@JUNEAUMITCHELL.COM)
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`U.S. TRADEMARK APPLICATION NO. 88201913 - FLYDULLES - N/A
`
`2/20/2019 7:04:39 PM
`
`ECOM112@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`U.S. APPLICATION SERIAL NO.  
`88201913
`
`           
`
`MARK: FLYDULLES
`
`*88201913*
`
`CORRESPONDENT ADDRESS:
`  
`       TODD L. JUNEAU
`  
`       JUNEAU & MITCHELL
`         1727 KING STREET, #300
`           ALEXANDRIA, VA 22314
`    
`   
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`APPLICANT: METROPOLITAN
`WASHINGTON AIRPORTS AUTHORI
`ETC.
`
`   
`
`ADDRESS:       
`
`TJUNEAU@JUNEAUMITCHELL.COM
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`OFFICE ACTION
`
`STRICT DEADLINE TO RESPOND TO THIS LETTER
`TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S
`COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW.   A RESPONSE
`TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE
`MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
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`ISSUE/MAILING DATE: 2/20/2019
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`The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to
`the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
`
`SEARCH OF OFFICE’S DATABASE OF MARKS
`The trademark examining attorney has searched the Office’s 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).
`
`SUMMARY OF ISSUES:
`Hashtag and Domain Name Refusal
`Identification of Services
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`REFERENCE/DOCKET NO:       
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`CORRESPONDENT’S
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`  N/A
`CORRESPONDENT E-MAIL
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`HASHTAG AND DOMAIN NAME REFUSAL
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`Registration is refused because the applied-for mark, as used on the specimen of record, is used merely as a hashtag for online social media and
`does not function as a trademark or service mark to indicate the source of applicant’s goods and/or services and to identify and distinguish them
`from others.   Trademark Act Sections 1, 2, 3, and 45, 15 U.S.C. §§1051-1053, 1127; see TMEP §§1202, 1202.18; cf. In re Hotels.com, L.P., 573
`F.3d 1300, 1301, 1304, 91 USPQ2d 1532, 1533, 1535 (Fed. Cir. 2009) (holding that the addition of a top-level-domain to an otherwise
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`unregistrable mark does not typically add any source-identifying significance).   
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`A “hashtag” consists of a word or phrase preceded by the hash symbol or pound sign “#” (e.g., #chicago, #sewing, and #supremecourtdecisions)
`or by the term “hashtag” (e.g., hashtag skater).   TMEP §1202.18.  Hashtags are used on social-networking sites to identify or search for a
`keyword or topic of interest.  Id.
`
`In the present case, the specimen shows the applied-for mark used only as a hashtag in that it appears as “#FlyDulles” on applicant’s social-
`networking twitter page.  Accordingly, this use is to indicate to consumers how to identify or search for a keyword or topic about flying at
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`Reagan National. Thus, the use of the mark on the specimen is unacceptable because it is merely used as a hashtag.  
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`Therefore, the mark consists only of wording coupled with the hash symbol (#) or term “hashtag,” and, as used on the specimen of record, would
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`be perceived merely as a hashtag for searching online social media, and not as a trademark or service mark for particular goods and/or services.    
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`Additionally, registration is refused because the applied-for mark, as used on the specimen of record, is used merely as an Internet domain name
`and does not function as a trademark or service mark to indicate the source of applicant’s goods and/or services and to identify and distinguish
`them from others.  Trademark Act Sections 1, 2, 3, and 45, 15 U.S.C. §§1051-1053, 1127; see In re Roberts, 87 USPQ2d 1474, 1479-80 (TTAB
`2008); In re Eilberg, 49 USPQ2d 1955, 1956 (TTAB 1998); TMEP §§904.07(b), 1215.02, 1215.02(a).
`
`In the present case, the specimen shows the applied-for mark used as an Internet domain name in that it appears next to a hyperlink symbol as
`“flydulles.com”.   Therefore, the mark consists only of wording coupled with a non-source-identifying generic top-level domain (gTLD) and, as
`used on the specimen of record, would be perceived as the domain name where applicant’s website would appear on the Internet, and not as a
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`trademark or service mark for particular goods and/or services.  
`
`Applicant may respond to this refusal by submitting a substitute specimen or amending applicant’s basis to intent to use under Section 1(b) for
`each applicable international class.
`
`Submitting a substitute specimen:  Applicant may submit a substitute specimen that shows the applied-for mark used in commerce as a service
`mark for the services in the application, and the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20:  “
`The substitute specimen was in use in commerce at least as early as the filing date of the application.”   37 C.F.R. §2.59(a); TMEP §904.05;
`see 37 C.F.R. §2.193(e)(1).  If submitting a substitute specimen requires an amendment to the dates of use, applicant must also verify the
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`amended dates.  37 C.F.R. §2.71(c); TMEP §904.05.  
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`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).  Specimens
`comprising advertising and promotional materials must show a direct association between the mark and the services.  TMEP §1301.04(f)(ii).
`
`To submit a verified substitute specimen online using the Trademark Electronic Application System (TEAS) response form, applicant should (1)
`answer “Yes” to form wizard question #2; and then, continuing on to the next portion of the form, do the following for each relevant class for
`which a substitute specimen is being submitted:  (2) under “Classification and Listing of Goods/Services/Collective Membership Organization,”
`select the following statement, “Check here to modify the current classification number; listing of goods/services; dates of use; and/or filing
`basis; or to submit a substitute specimen or foreign registration certificate.  If not checked, the changes will be ignored.”; (3) under “Specimen
`File,” attach a specimen (attachment may not exceed 5 megabytes); (4) describe what the specimen consists of; and (5) select the following
`statement: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
`date of the application” [for an application based on Section 1(a), Use in Commerce] OR “The substitute (or new, or originally
`submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of
`the filing deadline for filing a Statement of Use” [for an application based on Section 1(b) Intent-to-Use]. Note:  When submitting a
`verified substitute specimen, the TEAS online response form requires two signatures:  one in the “Declaration Signature” section and one in the
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`“Response Signature” section.   
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`Amending to Section 1(b):  If applicant cannot provide an acceptable substitute specimen, applicant may amend the application basis to intent to
`use under Section 1(b), for which no specimen is required, and the refusal will be withdrawn.  See TMEP §806.03(c).  However, if applicant
`amends the basis to Section 1(b), registration will not be granted until applicant later amends the application back to use in commerce by filing an
`acceptable allegation of use with a proper specimen.  See 15 U.S.C. §1051(c), (d); 37 C.F.R. §§2.76, 2.88; TMEP §1103.  If the same specimen is
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`submitted with an allegation of use, the same refusal will likely issue.
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`To amend to Section 1(b), applicant must submit the following statement, verified with an affidavit or signed declaration under 37 C.F.R. §2.20: 
`“ Applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the
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`application filing date.”   37 C.F.R. §2.34(a)(2); TMEP §806.01(b); see 15 U.S.C. §1051(b); 37 C.F.R. §§2.35(b)(1), 2.193(e)(1).  
`
`To amend to Section 1(b) online using the TEAS response form, applicant should (1) answer “Yes” to form wizard question #2, and then, after
`proceeding to the next page in the form, do the following for each relevant class for which the basis is being amended:  (2) under “Classification
`and Listing of Goods/Services/Collective Membership Organization,” select the following statement: “Check here to modify the current
`classification number; listing of goods/services; dates of use; and/or filing basis; or to submit a substitute specimen or foreign registration
`certificate.  If not checked, the changes will be ignored.”; (3) under “Filing Basis Section 1(a),” uncheck the box for “Filing Basis Section
`1(a)”and delete the information appearing in the Date of First Use of Mark Anywhere and Date of First Use of Mark in Commerce textboxes;
`and (4) check the box for “Filing Basis Section 1(b).”   Note:  When amending to Section 1(b), the TEAS online response form requires two
`signatures:  one in the “Declaration Signature” section and one in the “Response Signature” section.
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`IDENTIFICATION OF SERVICES
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`The identification of services is indefinite and must be clarified because “flight tracking” is too broad and does not clearly describe this
`information is for transportation only.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend the identification to specify the
`common commercial or generic name of the services.  See TMEP §1402.01.  If the services have no common commercial or generic name,
`applicant must describe or explain the nature of the services using clear and succinct language.  See id.
`
`Applicant may substitute the following wording, if accurate:  
`
`Class 39
`Providing a website featuring information in the field of air travel, airport parking, air travel booking, flight tracking in the nature of providing
`flight arrival and departure information, taxi and limousine transportation, airport light rail transportation, and toll road transportation
`
`Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as
`acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language
`or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods
`and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope
`of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the
`wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope,
`and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).
`
`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.
`
`RESPONSE GUIDELINES
`
`Although applicant’s mark has been refused registration, applicant may respond to the refusal and/or requirements by submitting evidence and
`arguments in support of registration.
`
`Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining
`attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with
`additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does
`not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. 
`
`See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.  
`
`TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL
`REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE:  Applicants who filed their application online
`using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office
`actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3)
`agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application.  See 37 C.F.R. §§2.22(b), 2.23(b);
`TMEP §§819, 820.  TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125
`per class of goods and/or services.  37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04.  However, in certain situations, TEAS
`Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring
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`this additional fee.   
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`

`/Kamal Preet/
`Trademark Examining Attorney
`Law Office 112
`571-272-5645
`
`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
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`response.  
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`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 1-800-786-9199.   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.
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`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`METROPOLITAN WASHINGTON AIRPORTS AUTHORI ETC. (
`TJUNEAU@JUNEAUMITCHELL.COM)
`
`U.S. TRADEMARK APPLICATION NO. 88201913 - FLYDULLES - N/A
`
`2/20/2019 7:04:40 PM
`
`ECOM112@USPTO.GOV
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`IMPORTANT NOTICE REGARDING YOUR
`U.S. TRADEMARK APPLICATION
`
`USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED
`ON 2/20/2019 FOR U.S. APPLICATION SERIAL NO. 88201913
`
`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 2/20/2019 (or sooner if specified in the Office action).  A response
`transmitted through the Trademark Electronic Application System (TEAS) must be received before midnight Eastern Time of the last day of the
`response period.   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 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.
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