To: Subject: Sent: Sent As:

Illumynous Inc. (youranonnews@hush.ai) U.S. TRADEMARK APPLICATION NO. 85950059 - YOUR ANON NEWS - N/A 10/10/2013 9:04:28 AM ECOM116@USPTO.GOV

Attachments: Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANTS TRADEMARK APPLICATION

U.S. APPLICATION SERIAL NO. MARK: YOUR ANON NEWS

85950059

*85950059*
CLICK HERE TO RESPOND TO THIS LETTER:
http://www.uspto.gov/trademarks/teas/response_forms.jsp

CORRESPONDENT ADDRESS: ILLUMYNOUS INC. PO BOX 22463 BANKERS HALL, R.P.O. CALGARY, ALBERTA T2P5G7 CANADA APPLICANT: Illumynous Inc. CORRESPONDENTS REFERENCE/DOCKET NO : N/A CORRESPONDENT E-MAIL ADDRESS: youranonnews@hush.ai

OFFICE ACTION STRICT DEADLINE TO RESPOND TO THIS LETTER

TO AVOID ABANDONMENT OF APPLICANTS TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANTS COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. ISSUE/MAILING DATE: 10/10/2013

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 that applicant must address: Partial Refusal Recited Activities are not Services Identification Requires Clarification Requirements Regarding Multiple Class Applications Information Regarding Services Required Foreign Certificate of Registration Required SEARCH OF OFFICES DATABASE OF MARKS The trademark examining attorney has searched the Offices 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). RECITED ACTIVITIES ARE NOT SERVICES Partial Refusal With regard to the Class 38 activities identified as Providing online access to information, audio, and video websites, online forums and blogs, registration is refused because the activities recited in the identification of services are not registrable services as contemplated by the Trademark Act. Trademark Act Sections 1, 2, 3 and 45, 15 U.S.C. 1051-1053, 1127; see TMEP 1301.01 et seq. The activities set forth as services in an application are reviewed using the following criteria to determine whether they constitute registrable services: (1) A service is a real activity, not an idea, concept, process or system; (2) A service is performed primarily for the benefit of someone other than the applicant; and (3) A service is an activity that is sufficiently separate and qualitatively different from an applicants principal activity, i.e., it cannot be an activity that is merely incidental or necessary to an applicants larger business. TMEP 1301.01(a); see In re Canadian Pac. Ltd., 754 F.2d 992, 994-95, 224 USPQ 971, 973 (Fed. Cir. 1985); In re Betz Paperchem, Inc., 222 USPQ 89, 90 (TTAB 1984); In re Integrated Res., Inc., 218 USPQ 829, 831 (TTAB 1983); In re Landmark Commcns, Inc. , 204 USPQ 692, 695 (TTAB 1979). In this case, the description set forth in the identification of services includes: Providing online access to information, audio, and video websites, online forums and blogs, in Class 38. These activities are not registrable services because they appear to be merely ancillary to, or necessary to the actual services of providing the information, blogs, etc. Applicant may amend this wording, if accurate, to providing access to the Internet, in Class 38. IDENTIFICATION OF SERVICES The wording ; , including uploading, posting, showing, displaying and electronically transmitting information, audio, video clips ; Providing online access to information, audio, and video websites, online

forums and blogs, in Class 38, and Providing news, information regarding current events in the field of politics, the media, entertainment, sports, comedy, business, healthy living and fitness, lifestyle and wellness, fashion and beauty, the environment, food, innovation and technology, travel, tourism, education, books, fine arts, performing arts, in Class 41, in the identification of services is indefinite and must be clarified because it misclassifies some of the services, it encompasses services classified in more classes than currently identified in the application, and it does not identify the services and/or the subject matter of the services by the common commercial name. See TMEP 1402.01. With regard to the information services, please note that information services are classified according to the subject matter of the information provided. TMEP 1402.11(b). Following are examples of proper classification: providing information pertaining to purchasing an automobile in International Class 35; providing information regarding financing and insuring an automobile in International Class 36; and providing information regarding the repair and maintenance of automobiles in International Class 37. If the information is provided online or via a website, this information should also be included in the identification of services, e.g., providing online information in the field of health care information in International Class 44. To enable proper classification and examination of the application, where noted below, applicant must more clearly specify the subject matter of the information services. Applicant may adopt the following identification of services, if accurate: International Class 35 Providing online information and news in the field of business. International Class 38 Providing an online forum for commentary in the field of politics, the media, entertainment, sports, comedy, business, healthy living, fitness, lifestyle, wellness, fashion, beauty, the environment, food, innovation, technology, travel, tourism, education, books, fine arts, performing arts; audio and video broadcasting services over the Internet; Providing access to the Internet. International Class 39 Providing online travel information, travel tour information. International Class 41 Providing online news and information regarding current events in the field of politics, (describe more clearly what is meant by the media) , entertainment, sports, comedy, fitness, education, reviews of books, fine arts, and performing arts. International Class 42 Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, engage in social networking; creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking services; providing online environmental information about climate change and bio-diversity; (explain more clearly what is meant by innovation and technology, e.g., new product development) . International Class 43 Providing online information regarding food, namely, (explain more clearly what is meant by food, e.g., reviews of restaurants, recipes and cooking information).

International Class 44 Providing online information and news regarding healthy living and lifestyle wellness, beauty. International Class 45 Providing online information in the fields of fashion, lifestyles. An applicant may amend an identification of services only to clarify or limit the services; adding to or broadening the scope of the services is not permitted. 37 C.F.R. 2.71(a); see TMEP 1402.06 et seq., 1402.07 et seq. For assistance with identifying and classifying services in trademark applications, please see the USPTOs online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.uspto.gov/netahtml/tidm.html. See TMEP 1402.04. REQUIREMENTS REGARDING MULTIPLE CLASS APPLICATIONS The application identifies services that are classified in at least eight classes; however, applicant submitted a fee(s) sufficient for only three classes. In a multiple-class application, a fee for each class is required. 37 C.F.R. 2.86(a)(2); TMEP 810.01, 1403.01. Therefore, applicant must either (1) restrict the application to the number of classes covered by the fees already paid, or (2) submit the fees for each additional class. For an application with more than one international class, called a multiple-class application, an applicant must meet all the requirements below for those international classes based on an intent to use the mark in commerce under Trademark Act Section 1(b): (1) LIST SERVICES BY INTERNATIONAL CLASS: Applicant must list the services by international class. (2) PROVIDE FEES FOR ALL INTERNATIONAL CLASSES: Applicant must submit an application filing fee for each international class of services not covered by the fee(s) already paid (confirm current fee information at http://www.uspto.gov/trademarks/tm_fee_info.jsp). See 15 U.S.C. 1051(b), 1112, 1126(e); 37 C.F.R. 2.34(a)(2)-(3), 2.86(a); TMEP 1403.01, 1403.02(c). INFORMATION ABOUT SERVICES REQUIRED The nature of the services set forth in the application is unclear and additional information is required. An applicant can be required to provide more information if it is necessary for proper examination of the application. 37 C.F.R. 2.61(b); TMEP 814, 1402.01(e); see In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004). Therefore, applicant must submit samples of advertisements or promotional materials for the identified services. If such materials are not available, then applicant must submit samples of advertisements or promotional materials for similar services. In addition, applicant must describe in detail the nature, purpose and channels of trade of the services.

Failure to respond to a request for information can be grounds for refusing registration. TMEP 814; see In re Cheezwhse.com, Inc., 85 USPQ2d 1917, 1919 (TTAB 2008); In re DTI Pship LLP, 67 USPQ2d 1699, 1701-02 (TTAB 2003). Merely stating that information about the goods or services is available on applicants website is an inappropriate response to a request for additional information, and is insufficient to make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004). DUAL FILING BASES FOREIGN CERTIFICATE OF REGISTRATION REQUIRED The application specifies both an intent to use basis under Trademark Act Section 1(b) and a claim of priority under Section 44(d) based on a foreign application. See 15 U.S.C. 1051(b), 1126(d); 37 C.F.R. 2.34(a)(2), (a)(4). However, no copy of a foreign registration has been provided even though the application indicates applicants intent to rely on Section 44(e) as an additional basis for registration. See 15 U.S.C. 1126(e). An application with a Section 44(e) basis must include a true copy, photocopy, certification, or certified copy of a foreign registration from an applicants country of origin. 15 U.S.C. 1126(e); 37 C.F.R. 2.34(a)(3)(ii); TMEP 1004, 1004.01, 1016. In addition, an applicants country of origin must be a party to a convention or treaty relating to trademarks to which the United States is also a party, or must extend reciprocal registration rights to nationals of the United States by law. 15 U.S.C. 1126(b); TMEP 1002.01, 1004. Therefore, applicant must provide a copy of the foreign registration from applicants country of origin when it becomes available. TMEP 1003.04(a). A copy of a foreign registration must consist of a document issued to an applicant by, or certified by, the intellectual property office in applicants country of origin. TMEP 1004.01. If applicants country of origin does not issue registrations or Madrid Protocol certificates of extension of protection, applicant may submit a copy of the Madrid Protocol international registration that shows that protection of the international registration has been extended to applicants country of origin. TMEP 1016. In addition, applicant must also provide an English translation if the foreign registration is not written in English. 37 C.F.R. 2.34(a)(3)(ii); TMEP 1004.01(a)-(b). The translation should be signed by the translator. TMEP 1004.01(b). If the foreign registration has not yet issued, or applicant requires additional time to procure a copy of the foreign registration (and English translation, as appropriate), applicant should so inform the trademark examining attorney and request that the U.S. application be suspended until a copy of the foreign registration is available. TMEP 716.02(b), 1003.04(b). If applicant cannot satisfy the requirements of a Section 44(e) basis, applicant may request that the mark be approved for publication based solely on the Section 1(b) basis. See 15 U.S.C. 1051(b), 1126(e); 37 C.F.R. 2.35(b)(1); TMEP 806.02(f), 806.04(b), 1003.04(b). Although the mark may be approved for publication on the Section 1(b) basis, it will not register until an acceptable allegation of use has been filed. See 15 U.S.C. 1051(c)-(d); 37 C.F.R. 2.76, 2.88; TMEP 1103. Please note that, if the U.S. application satisfied the requirements of Section 44(d) as of the U.S. application filing date, applicant may retain the priority filing date under Section 44(d) without perfecting the Section 44(e) basis, provided there is a continuing valid basis for registration. See 37 C.F.R. 2.35(b)(1), (4); TMEP 806.02(f), 806.04(b). TRADEMARK COUNSEL Because of the legal technicalities and strict deadlines involved in the USPTO application process,

applicant may wish to hire a private attorney specializing in trademark matters to represent applicant in this process and provide legal advice. Although the undersigned trademark examining attorney is permitted to help an applicant understand the contents of an Office action as well as the application process in general, no USPTO attorney or staff is permitted to give an applicant legal advice or statements about an applicants legal rights. TMEP 705.02, 709.06. For attorney referral information, applicant may consult the American Bar Associations Consumers Guide to Legal Help at http://www.abanet.org/legalservices/findlegalhelp/home.cfm, an attorney referral service of a state or local bar association, or a local telephone directory. The USPTO may not assist an applicant in the selection of a private attorney. 37 C.F.R. 2.11. In addition, foreign attorneys, other than authorized Canadian attorneys, are not permitted to represent applicants before the USPTO (e.g., file written communications, authorize an amendment to an application, or submit legal arguments in response to a requirement or refusal). See 37 C.F.R. 2.17(e), 11.14(c), (e); TMEP 602.03-.03(c). The only attorneys who may practice before the USPTO in trademark matters are as follows: (1) Attorneys in good standing with a bar of the highest court of any U.S. state, the District of Columbia, Puerto Rico, and other federal territories and possessions of the United States (2) Canadian agents/attorneys who represent applicants located in Canada and (a) are registered with the USPTO and in good standing as patent agents or (b) have been granted reciprocal recognition by the USPTO See 37 C.F.R. 2.17(a), (e), 11.1, 11.14(a), (c); TMEP 602.

/John Dwyer/ Examining Attorney Law Office 116 571-272-9155 John.Dwyer1@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 1-800-7869199. 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.

To: Subject: Sent: Sent As: Attachments:

Illumynous Inc. (youranonnews@hush.ai) U.S. TRADEMARK APPLICATION NO. 85950059 - YOUR ANON NEWS - N/A 10/10/2013 9:04:29 AM ECOM116@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 10/10/2013 FOR U.S. APPLICATION SERIAL NO. 85950059
Your trademark application has been reviewed. The trademark examining attorney assigned by the USPTO to your application has written an official letter to which you must respond. Please follow these steps: (1) READ THE LETTER by clicking on this link or going to http://tsdr.uspto.gov/, entering your U.S. application serial number, and clicking 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) RESPOND WITHIN 6 MONTHS (or sooner if specified in the Office action), calculated from 10/10/2013, using the Trademark Electronic Application System (TEAS) response form located at http://www.uspto.gov/trademarks/teas/response_forms.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. (3) QUESTIONS about the contents of the Office action itself should be directed to the trademark examining attorney who reviewed your application, identified below. /John Dwyer/ Examining Attorney Law Office 116 571-272-9155 John.Dwyer1@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.