| To: | Palantir Technologies Inc. (dwong@btlaw.com) |
| Subject: | TRADEMARK APPLICATION NO. 77111698 - PALANTIR - 44395-201516 |
| Sent: | 3/11/2008 5:26:40 PM |
| Sent As: | ECOM110@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/111698
MARK: PALANTIR
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Palantir Technologies Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 3/11/2008
In the Office Action dated June 17, 2007 the examining attorney required an amendment to the identification of services and a request for information. In response the applicant amended the identification of services. However, the amendment remains unacceptable. Therefore, the following is required.
Requirements
Identification of Services – Clarification Required
When an applicant has submitted an unacceptable identification of services, it is Office practice to suggest acceptable substitute wording. In this case, however, the trademark examining attorney is unable to suggest substitute wording because the nature of the services is unclear from the application record. TMEP §1402.01(e).
The wording “information and data management and exploration” in the identification of services is indefinite and must be clarified. TMEP §§1402.01 et seq.
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” -- International Class 35; “providing information regarding financing and insuring an automobile” -- International Class 36; and “providing information regarding the repair and maintenance of automobiles-- 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 health care information online” in International Class 44.
Therefore, in order to enable proper classification and examination of the application, applicant must specify the subject matter of the “information” services.
For assistance with identifying and classifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
Please note that, while the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
Informational Materials and/or Explanatory Statements are Required
In order to allow proper consideration of any arguments presented by the applicant in response to the above stated requirements, and to ensure the proper identification and classification of the intended services, the applicant must submit samples of advertisements or promotional materials for the intended services. If such materials are not yet available, samples or promotional materials for services of the same type should be submitted. In addition, the applicant must describe the nature, purpose and channels of trade of the services in association with which the applicant has asserted a bona fide intent to use the mark. 37 C.F.R. Section 2.61(b); TMEP sections 1103.04 and 1105.02.
Applicant must submit additional information to permit proper examination of the application. 37 C.F.R. §2.61(b); TMEP §§814 and 1402.01(e). Specifically, the examining attorney requests that the applicant disclose: (1) whether the term has any foreign translation readily known to the applicant, (2) whether the term has any meaning in the relevant industry.
Please note that failure to comply with a request pursuant to 37 C.F.R. §2.61(b) is an independent basis for refusal and may result in the refusal of the entire application. See In re DTI Partnership, L.L.P., 67 USPQ2d 1699 (TTAB 2003); In re SPX Corporation, 63 USPQ2d 1592 (TTAB 2002); In re Babies Beat, Inc., 13 USPQ2d 1729 (TTAB 1990).
/Jessica Ellinger Fathy/
Trademark Examining Attorney
Law Office 110
(571) 272-6582
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office action should be filed using the form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.