Offc Action Outgoing

Applicant’s Response to Office Action has been received and made part of the record. However, upon further review, the Office has found the additional outstanding issues requiring action by the applicant.

IDENTIFICATION OF GOODS

The wording “firewall software” in the identification of services is indefinite and must be clarified because it does not specify for what good or purpose applicants software is to be used. See TMEP §1402.01. Applicant must specify for what purpose or good this software is to be used. Applicant may substitute the following wording, if accurate: computer firewall software.

The wording “web browser security add-ons, namely, computer software for protecting web browser users from malicious, untrustworthy, or unwanted content or programs” in the identification of services is indefinite and must be clarified. See TMEP §1402.01. First, applicant must provide the generic name for “add-ons.” Additionally, applicant must amend its use of the term “or.” Generally, the terminology “or” is not sufficiently explicit language in identifications because it is not clear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services. See TMEP §1402.03(a). Therefore, applicant should replace “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “or” deleted and the goods or services specified using definite and unambiguous language. Applicant may substitute the following wording, if accurate: security computer programs to be used in conjunction with web browsers, namely, add-on computer software for protecting web browser users from malicious, untrustworthy, and unwanted content and programs.

The wording “computer software for securing wireless communications, including authentication of wi-fi hotspots” in the identification of services is indefinite and must be clarified. See TMEP §1402.01. Applicant must state what exactly its software secures and against what it provides this security. Additionally, the identification of services is indefinite and must be clarified because it includes the open-ended wording “including.” See TMEP §§1402.01, 1402.03(a). Therefore, this wording should be deleted and replaced with “namely.” Moreover, applicant must provide the generic terminology for “wi-fi hotspots.” The identification must be specific and all-inclusive. Applicant may substitute the following wording, if accurate: computer software for securing wireless communication networks from unauthorized access and content traffic, namely, authentication of wireless local area networks that use radio waves to connect devices to the internet.

The wording “computer software to protect or restore the integrity of data, computers, computer hardware, computer software, and mobile computing and communication devices” in the identification of services is indefinite and must be clarified. See TMEP §1402.01. First, applicant must state from what its software is protecting data, computers, computer hardware, computer software, and mobile computing and communication devices. Second, applicant must amend its use of the term “or.” Generally, the terminology “or” is not sufficiently explicit language in identifications because it is not clear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services. See TMEP §1402.03(a). Therefore, applicant should replace “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “or” deleted and the goods or services specified using definite and unambiguous language. Applicant may substitute the following wording, if accurate: computer software for protecting and restoring the integrity of data, computers, computer hardware, computer software, and mobile computing and communication devices from viruses, worms, trojans, spyware, adware, malware and unauthorized data.

In light of the foregoing, applicant may adopt the following identification of goods in its entirety, if accurate:

International Class 9: computer, data, and network security software; computer antivirus

and content security software; computer utility software; malicious code and content screening software; computer firewall software; anti-spam, anti-fraud, and anti-phishing computer software; computer software for monitoring, filtering, reporting and modifying messages, files, programs and data retrieved or received from computer and communication networks; computer software for use in scanning, detecting, quarantining, eliminating, blocking and reporting on viruses, worms, trojans, spyware, adware, malware, security exploits, bots and unauthorized data and programs on computers, electronic devices, and handheld and mobile computing and communication devices; computer software for use in detecting and repairing damage from viruses, worms, trojans, spyware, adware, malware, security exploits, bots and unauthorized data and programs on computers and electronic devices; security computer programs to be used in conjunction with web browsers, namely, add-on computer software for protecting web browser users from malicious, untrustworthy, and unwanted content and programs; computer software for securing wireless communication networks from unauthorized access and content traffic, namely, authentication of wireless local area networks that use radio waves to connect devices to the internet; computer software for remotely securing data and files in the event of theft; electronic software updates, namely, downloadable computer software and associated data files for updating computer software in the fields of computer and network security; computer software for use in data backup and data restoration; computer hardware and computer software to protect the confidentiality of data and passwords; computer software for protecting and restoring the integrity of data, computers, computer hardware, computer software, and mobile computing and communication devices from viruses, worms, trojans, spyware, adware, malware and unauthorized data

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

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. See TMEP §1402.04.

SIGNFICANCE OF THE MARK

Applicant must specify whether the wording “VIZOR” has any significance in the computer or software or industry or as applied to the goods/services described in the application. See 37 C.F.R. §2.61(b); TMEP §§808.01(a), 814. Applicant must also specify whether the letters “VIZOR” have any significance in the computer or software trade or industry or as applied to the goods/services described in the application. See 37 C.F.R. §2.61(b); TMEP §§808.01(a), 814.

RESPONSE

If applicant has questions about its application or needs assistance in responding to this Office action, please telephone the assigned trademark examining attorney.

/N. Gretchen Ulrich/

N. Gretchen Ulrich

Trademark Attorney-Advisor

Law Office 113

Phone: (571) 272-1951

RESPOND TO THIS ACTION: Applicant should file a response to this Office action online using the form at http://www.gov.uspto.report/teas/eTEASpageD.htm, waiting 48-72 hours if applicant received notification of the Office action via e-mail. For technical assistance with the form, please e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned examining attorney. Do not respond to this Office action by e-mail; 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.