UNITED STATES PATENT AND TRADEMARK OFFICE
SERIAL NO: 76/433918
APPLICANT: COPERNIC TECHNOLOGIES INC.
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CORRESPONDENT ADDRESS: JAMES D. HALSEY, JR. STAAS & HALSEY 700 11TH ST NW STE 500 WASHINGTON DC 20001-4565
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3513 ecom108@uspto.gov
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MARK: COPERNIC EMPOWER
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CORRESPONDENT’S REFERENCE/DOCKET NO: 1441.2061
CORRESPONDENT EMAIL ADDRESS:
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Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/433918
The assigned trademark examining attorney has reviewed the referenced application and determined the following.
NO CONFLICTING MARK FOUND
The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.
INFORMALITIES
Before the application can be considered further, the following informal issues must be addressed.
IDENTIFICATION OF THE GOODS INDEFINITE
The wording "operating from a server" in the identification of the software goods is unacceptable as indefinite due to classification issues. Based on the current language, it is unclear whether applicant’s goods are computer server software in Class 9 or online nondownloadable software which operates from a server on the Internet in Class 42. The applicant must amend the identification to clarify the nature of the goods/services. TMEP §1402.01. The applicant may amend this wording to any of the following, if accurate:
INTEGRATED INFORMATION MANAGEMENT SOFTWARE FOR COMPUTER SERVERS THAT OFFERS SIMPLIFIED ACCESS THROUGH A SINGLE INTERFACE TO FOUR MODULES INCLUDING ONE PARALLEL RESEARCH MODULE, AN INDEXATION MODULE, A SUMMARY MODULE AND A TECHNOLOGICAL SURVEILLANCE MODULE
PROVIDING TEMPORARY USE OF ON-LINE NONDOWNLOADABLE INTEGRATED INFORMATION MANAGEMENT SOFTWARE THAT OFFERS SIMPLIFIED ACCESS THROUGH A SINGLE INTERFACE TO FOUR MODULES INCLUDING ONE PARALLEL RESEARCH MODULE, AN INDEXATION MODULE, A SUMMARY MODULE AND A TECHNOLOGICAL SURVEILLANCE MODULE [in Class 42]
In the identification, the applicant must use the common commercial names for the goods, be as complete and specific as possible and avoid the use of indefinite words and phrases. TMEP §§1402.01 and 1402.03(a).
Please note that, while an application may be amended to clarify or limit the identification, additions to the identification are not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, the applicant may not amend to include any goods that are not within the scope of goods set forth in the present identification.
PRIOR REGISTRATIONS
If the applicant is the owner of Registration Nos. 2623067 and 2313341, the applicant must submit a claim of ownership. 37 C.F.R. §2.36; TMEP §812.
RESPONSE
If the applicant has particular questions regarding any of the issues set forth in this Office action, the applicant may telephone the assigned trademark examining attorney.
/Douglas M. Lee/
Trademark Examining Attorney
Law Office 108
(703) 308-9108 ext. 198
fax: (703) 746-8108
ecom108@uspto.gov
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.