To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation (trademark@hsml.com)
`
`U.S. TRADEMARK APPLICATION NO. 87776777 - CAMERA SHARING SERVICE - 8279.1916US0
`
`4/2/2018 5:19:37 PM
`
`ECOM102@USPTO.GOV
`
`Attachment - 1
`Attachment - 2
`Attachment - 3
`
`UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
`
`OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
`
`*87776777*
`
`CLICK HERE TO RESPOND TO THIS
`LETTER:
`
`http://www.uspto.gov/trademarks/teas/response_forms.jsp
`
`VIEW YOUR APPLICATION FILE
`
`U.S. APPLICATION
`SERIAL NO.   87776777
`
`           
`
`MARK: CAMERA
`SHARING SERVICE
`
`CORRESPONDENT
`ADDRESS:
`  
`       SARAH G.
`VOELLER
`
`       HAMRE,
`  
`SCHUMANN,
`MUELLER & LARSON,
`P.C.
`
`         45 SOUTH
`SEVENTH STREET,
`SUITE 2700
`
`           MINNEAPOLIS, MN
`55402
`
`    
`
`   
`
`APPLICANT: Panasonic
`Corporation
`
`    
`
`CORRESPONDENT’S
`REFERENCE/DOCKET
`
`NO:       
`
`  8279.1916US0
`
`   
`
`CORRESPONDENT
`
`E-MAIL ADDRESS:   
`
`trademark@hsml.com
`
`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.
`
` 
` 
` 
` 
` 
`    
` 
` 
`

`

`ISSUE/MAILING DATE: 4/2/2018
`
`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 this additional fee.   
`
`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.
`
`Summary of Issues
`
`1)     Refusal to Register – Merely Descriptive
`2)     Supplemental Register Not Permitted
`3)     Identification of Services
`4)     Foreign Registration/Option to Delete Filing Basis
`
`Search of Office Database
`
`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).
`
`Refusal to Register – Merely Descriptive
`
`Registration is refused because the applied-for mark, CAMERA SHARING SERVICE, merely describes a feature or purpose of applicant’s
`goods and services.  Trademark Act Section 2(e)(1), 15 U.S.C. §1052(e)(1); see TMEP §§1209.01(b), 1209.03 et seq.
`
`A mark is merely descriptive if “it immediately conveys information concerning a feature, quality, or characteristic of [an applicant’s] goods or
`services.”   In re N.C. Lottery, 866 F.3d 1363, 1367, 123 USPQ2d 1707, 1709 (Fed. Cir. 2017) (citing In re Bayer Aktiengesellschaft, 488 F.3d
`960, 963, 82 USPQ2d 1828, 1831 (Fed. Cir. 2007)); TMEP §1209.01(b); see DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d
`1247, 1251, 103 USPQ2d 1753, 1755 (Fed. Cir. 2012) (quoting In re Abcor Dev. Corp., 588 F.2d 811, 814, 200 USPQ 215, 218 (C.C.P.A.
`
`1978)).  
`
`The determination of whether a mark is merely descriptive is made in relation to an applicant’s goods and services, not in the abstract. 
`DuoProSS Meditech Corp. v. Inviro Med. Devices, Ltd., 695 F.3d 1247, 1254, 103 USPQ2d 1753, 1757 (Fed. Cir. 2012); In re The Chamber of
`Commerce of the U.S., 675 F.3d 1297, 1300, 102 USPQ2d 1217, 1219 (Fed. Cir. 2012); TMEP §1209.01(b); see, e.g., In re Polo Int’l Inc., 51
`USPQ2d 1061, 1062-63 (TTAB 1999) (finding DOC in DOC-CONTROL would refer to the “documents” managed by applicant’s software
`rather than the term “doctor” shown in a dictionary definition); In re Digital Research Inc., 4 USPQ2d 1242, 1243-44 (TTAB 1987) (finding
`CONCURRENT PC-DOS and CONCURRENT DOS merely descriptive of “computer programs recorded on disk” where the relevant trade
`used the denomination “concurrent” as a descriptor of a particular type of operating system). “Whether consumers could guess what the product
`[or service] is from consideration of the mark alone is not the test.”   In re Am. Greetings Corp., 226 USPQ 365, 366 (TTAB 1985).
`
`  A
`
` “sharing service” is a service based on a communal good, allowing users the benefit of use without the responsibility of ownership. See
`attached. As evidenced by applicant’s website, applicant’s provides a “ service that allows visitors to share pre-installed cameras,” or a “camera
`sharing service.” See attached. Thus, the wording CAMERA SHARING SERVICE merely describes a feature or purpose of applicant’s goods
`and services.
`
`Consumers are likely to view CAMERA SHARING SERVICE not as a source of the goods and services, but merely as a phrase describing them.
`
` 
` 
` 
` 
` 
` 
` 
` 
` 
`

`

`Accordingly, registration on the Principal Register is refused under Section 2(e)(1) of the Trademark Act.
`
`Supplemental Register Not Permitted
`
`Although an amendment to the Supplemental Register would normally be an appropriate response to this refusal, such a response is not
`appropriate in the present case.  The instant application was filed under Trademark Act Section 1(b) and is not eligible for registration on the
`Supplemental Register until an acceptable amendment to allege use meeting the requirements of 37 C.F.R. §2.76 has been timely filed.  37 C.F.R.
`§2.47(d); TMEP §§816.02, 1102.03.
`
`If applicant files an acceptable allegation of use and also amends to the Supplemental Register, the application effective filing date will be the
`date applicant met the minimum filing requirements under 37 C.F.R. §2.76(c) for an amendment to allege use.  TMEP §§816.02, 1102.03; see 37
`C.F.R. §2.75(b).  In addition, the undersigned trademark examining attorney will conduct a new search of the USPTO records for conflicting
`marks based on the later application filing date.  TMEP §§206.01, 1102.03.
`
`Identification of Services
`
`The following wording in the identification of services is indefinite and must be clarified because the particular nature of the services is unclear. 
`
`See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  
`
`“ Management of computer digital images and photographs; Retail and wholesale services for digital photo files; Retail and wholesale
`services for printed photographs” in Class 35;
`
`“ Editing and composition of digital images and photographs” in Class 40; and
`
`“ Backup and storage of digital image and photograph data; Online backup services for digital photo files” in Class 42.
`
`Applicant must amend this wording 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:  
`
`“ Computer file management, namely, management of computer digital images and photographs; Retail and wholesale store services
`featuring digital photo files; Retail and wholesale store services featuring printed photographs” in Class 35;
`
`“Editing and composition of digital images and photographs, namely, {indicate specific services in this Class, e.g., photographic
`preservation and retouching}” in Class 40;
`
`“ Remote backup and electronic storage of digital image and photograph data; remote online backup services for digital photo files” in
`Class 42.
`
`Applicant may amend the identification to clarify or limit the services, but not to broaden or expand the services beyond those in the original
`application or as acceptably amended.   See 37 C.F.R. §2.71(a); TMEP §1402.06.   Generally, any deleted services may not later be reinserted.   See
`TMEP §1402.07(e).   Additionally, for U.S. applications filed under Trademark Act Section 44(e), the scope of the identification for purposes of
`permissible amendments may not exceed the scope of the services identified in the foreign registration.  37 C.F.R. §2.32(a)(6); Marmark, Ltd. v.
`Nutrexpa, S.A., 12 USPQ2d 1843, 1845 (TTAB 1989) (citing In re Löwenbräu München, 175 USPQ 178, 181 (TTAB 1972)); TMEP §§1012,
`1402.01(b).
`
`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.
`
`Foreign Registration/Option to Delete Filing Basis
`
`The application specifies both an intent to use basis under Trademark Act Section 1(b) and reliance on a foreign registration(s) under Section
`44(e).  See 15 U.S.C. §§1051(b), 1126(e); 37 C.F.R. §2.34(a)(2)-(3).  However, the foreign registration alone may serve as a basis for obtaining a
`U.S. registration.  See 37 C.F.R. §2.34(a)(3); TMEP §806.01(d).  If applicant wants to rely on the foreign registration under Section 44(e) as the
`
`sole basis, applicant can request deletion of the Section 1(b) basis.  See 37 C.F.R. §2.35(b)(1); TMEP §806.04.  
`
`Alternatively, as applicant has not yet submitted the foreign registration or otherwise perfected the Section 44(e) basis, applicant can amend the
`application to rely solely on the Section 1 basis and request deletion of the Section 44(e) basis.
`
`Unless applicant indicates otherwise, the USPTO will presume that applicant is relying on both Sections 1(b) and 44(e).  Thus, although the mark
`may be approved for publication, it will not register until an acceptable allegation of use has been filed for the goods and/or services based on
`Section 1(b).
`
`  A
`
` prompt response to this Office action will expedite prosecution.
`
`/Aisha Y. Salem/
`
`Aisha Y. Salem
`
`Trademark Examining Attorney
`
`Law Office 102
`
`571-272-8492
`
`Aisha.Salem@uspto.gov
`
`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 1-800-786-9199.   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.
`
` 
` 
` 
` 
` 
` 
` 
` 
`  
`

`

`4/2/2018
`
`Sharing Services Will Continue to Dominate in 2015 | HuffPost
`
`HUFFPOST
`
`
`
`Move your old 401 (k) Invuurl! lrwawn m mum-1g ana: 1m
`%5549 U
`)—
`Acicmices p
`
`Fnclityfirouvagw Sun/075 thmi was we «gzuwww uc 11mm: reserve-l anazzw 1
`
`THE BLOG 03/12/2015 07:22 pm ET l Updated May 12, 2015
`
`S
`
`ing Services Will Continue to Dominate in
`
`Move your
`old 401 (k)
`
`t‘tElCI'lDlDes rs
`
`>—
`
`-
`Fdelliyfimlimagnsowms anmmss we a -
`a .W W. .1
`£1,454!”
`
`:1)
`Q Gui DeLong
`Shani-@rvices, which span a variety ofindustries and capabilities, saw a dramatic rise
`in popu rity throughout 2014‘ Established companies such as car-Sharer, Lyft; money-
`sharer, LendingClub; and space-sharer, Airbnb; dominated news coverage as they
`announced expansions, new business offerings and in one case, even an initial public
`offering. In fact, a recent survey found that nearly three-quarters of smartphone users are
`open to embracing sharing services. As 2015 progresses, consumers should expect to
`see an increase in popularity for these sharing platforms, which found strong footholds
`solving the everyday problems of average Americans.
`
`Easy to Adopt, Easier to Use
`
`Sharing services are popular for a reason — they thrive on simplicity, and greatly help to
`provide options for customers, alleviating common annoyances that have long irked
`consumers. In the case of space-sharing platforms like Airbnb and HomeAway, which
`allow you to book overnight stays at homes and apartments, empowered customers are
`able to avoid expensive hotel prices at major travel destinations through unique
`shareable offerings. Just how popular are these services? Consider Airbnb, whose listings
`rose by 54 percent from 300,000 to 550,000 between 2013 and 2014. Food-sharer, Blue
`Apron, is another great example of a company that targeted an everyday annoyance -
`grocery shopping - and simplified it by delivering a week’s worth of pre-measured, high-
`quality ingredients for dinners to people’s doorsteps. The company, as of 2013, was
`fulfilling 100,000 meals a month, exactly one year after its launch.
`
`On top of sharing companies solving these everyday annoyances for consumers, they are
`also incredibly user-friendly, with most platforms offering phone apps for on-the—go
`access to services. This caters well to America’s increasingly appedriven and immediacy,
`seeking culture, helping sharing services to rapidly acquire new consumers.
`
`Saving Money, Avoiding Headaches
`
`Whether it be a vacation property or a car, many are motivated to join the sharing
`movement primarily by the convenience of not having to own Sharing services give
`consumers all the benefits of ownership with almost none of the costs Millennials, major
`contributors to the sharing ecosystem, are arguably the wariest of the inconveniences
`that accompany ownership. But as these new services continue to grow, this generation
`of young adults will use them to mimic the advantages of having, for example, a
`timeshare or car. I even find myself, a Gen-X'er who owns a home and car, gravitating
`towards sharing services in my personal life for food and travel. The services are often
`more convenient than their traditional counterparts and don’t come with the hassle of
`maintenance or cleanup.
`
`Customer Demands Met
`
`Sharing services have staying power because of their ability to adapt to customer needs,
`including growth into new markets and updated service offerings. 2015 will be no
`exception to this principle of operation for sharing platforms, as many have already
`announced planned changes. For example, Plated, a food-Sharer similar to Blue Apron,
`will begin offering dessert options in addition to their dinner ingredient deliveries.
`Elsewhere in the sharing ecosystem, car2go will be expanding its point-A to point-B car-
`sharing services to a new market, China, later in 2015‘ Reacting to customer needs, from
`a business perspective, is one of the most effective ways to keep current users engaged
`
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`https://www.huffingtonpost.com/paul-delong/Sharing-services-will-continue-to—dominate7b76839822htm|
`
`1/3
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`

`

`4/2/2018
`
`Sharing Services V\fill Continue to Dominate in 2015 | HuffPost
`
`and contribute to the acquisition of additional customers in both new and existing
`markets.
`Untapped Potential
`
`The last major definer of sharing services, and a reason they will prove to be successful
`in 2015, is that they allow for innovation in previously untapped areas. Around two years
`
`wa ke up to the day's
`most important
`news.
`Subscribe to The Morning Email.
`address@email.com
`
`ago, the idea of sharing your home via an app as a hotel alternative was considered
`
`radical. Rewind further to when offering money to a complete stranger was reserved for
`venture capitalists. Now the everepresent Kickstarter has funneled nearly $1.5 billion to
`startups and projects over the course of seven years. Even in the well-established car-
`sharing industry, which clocked in around 800,000 U.S. members in 2012, analysts are
`predicting a major spike to 3.8 million users by 2020 - a tripling ofthe existing customer
`base.
`
`suascmaE
`
`As the sharing economy becomes more widely accepted, it opens the door for sharing
`services in new industries to take root and build reputable brands. Based on the principle
`of communal goods or services, companies will continue to help users solve common
`annoyances, greatly improving the quality of everyday life. This will, in the style ofthis
`evolving ecosystem, continue to benefit the consumer throughout 2015 and lead to the
`creation of more buzzedeabout sharing brands across the economy.
`
`C}
`{4,
`
`Paul DeLong
`President and CEO of carZQo N.A,, LLC
`
`MORE:
`
`
`kBusiness> KEconomyD (Sharing) CCarSharing) l Consumers)
`
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`
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`
`

`

`4/2l2018
`
`Take Home the Beauty of Kyoto: Camera Sharing Service PaN Offered at Two Temples for Limited Time | Panasonic Newsroom Global
`Nsws
`
`Consumer
`
`Business
`
`Support
`
`About Us
`
`
`
`'
`.
`‘
`Media Contact:
`Country V
`Category V
`Latest
`Newsroom Global
`PanasonicNewsmomTDP ) ELDBSoiuLions ) TakeHome[heBeautyolKyolo'CameraSharingSerVicePaN Offered atTonerripieSfDrLirriiledTIrrie
`
`.
`
`_
`
`Japan
`
`Take Home the Beauty of Kyoto: Camera Sharing Service PaN Offered at Two
`Temples for Limited Time
`Apr25,2017
`. .l
`
`I] 1” DIME-IE!!!
`Demanstmtion ofPanasonic and NIT Communicafians' Camera Sharing Service PaN and DUI Nippon Printing-'5 SefiLprinting
`Terminal In Kyoto
`
`
`
`Kyoto,]apan - Panasonic Corporation, NTT Communications Corporation ("NTT Communications") and Dai Nippon
`Printing Co., Ltd. ("DNP") are conducting a demonstration oftheir_PaN ("Photo and Network")
`with the cooperation oftwo temples in Kyoto,Japan: Kenninii, the oldest zen tem pie in Kyoto, and Entokuin, known for
`its gardens.
`
`| Whatis PaN?
`
`PaN is a new—arranged attourist destinations, amusement
`parks, and event venues to take their own souvenir photos. This service has been brought to life bythe combination of
`Panasonic's photo-shooting technology and NTT Communications' cloud-networktechnology. The photographs are
`stored automatically online in the cloud and can be downloaded easily to a user's computer or smartphone.
`
`I Summary of Demonstration
`Using photo vouchers distributed at the entrance of Kenninji and Entokuintemples, visitors can take selfles using PaN
`cameras arranged at various photo spots on the grounds. One card gives access to all cameras withi n a temple. Visitors
`can purchase prints and/or data oftheir photographs before they leave.
`
`I Key Features of the Event
`i. The demonstration includes DNP's photo print system so that photographs shotwith the PaN cameras will not only
`be stored in the cloud but may also be printed at the temples as mementos.
`2. This sen/ice allows visitors to take unique photographs not typically available. For example, certain photo spots
`feature special camera angles on the temple grounds, and one spot offers a composite image using a green screen
`for an added experience.
`3. Organizing this demonstration at Kenninji and Entokuin temples simultaneously will direct people from one temple
`to the other to enhance their sightseeing experience.
`
`Prices (tax inclusive):
`Data (*1): 600 yen per photo spot (includes data for all photos taken at one spot)
`Print: 600 yen/copy
`One photo print & all data shot within a temple (*2): ’i,000 yen
`*i: If multiple photographs are taken at a single photo spot. VisitorsWiil be able to download data for all shots taken at the same spot.
`*2:Aii data ofail photos shotWithiri a temple.
`Where & When
`Period: April 25 to 30, 2m 7
`Times: 10:00 - 17:00
`Locations:
`
`584 Komatsu-cho, Higashiyama-ku, Kyoto, Japan 605-08i1 [Google Map]
`
`https:llnewspanasonic.comlgloballtopics/20‘i7/46517.htm|
`
`1/4
`
`

`

`To:
`
`Subject:
`
`Sent:
`
`Sent As:
`
`Attachments:
`
`Panasonic Corporation (trademark@hsml.com)
`
`U.S. TRADEMARK APPLICATION NO. 87776777 - CAMERA SHARING SERVICE - 8279.1916US0
`
`4/2/2018 5:19:39 PM
`
`ECOM102@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 4/2/2018 FOR U.S. APPLICATION SERIAL NO. 87776777
`
`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 4/2/2018 (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.
`
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