To: | Silver Spring Networks, Inc. (trademark@fenwick.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 77853677 - SILVER SPRING - 27580-00070 |
Sent: | 8/5/2010 1:42:20 PM |
Sent As: | ECOM109@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO. 77/853677
MARK: SILVER SPRING
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/teas/eTEASpageD.htm
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APPLICANT: Silver Spring Networks, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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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.
ISSUE/MAILING DATE: 8/5/2010
THIS IS A FINAL ACTION.
This Office action is in response to applicant’s communication filed on July 28, 2010.
The following requirements are now made FINAL. See37 C.F.R. §2.64(a).
In the first Office Action, the examining attorney required the applicant to amend the identification of goods because parts of it were indefinite. In the response the applicant amended to the following:
Class 09: Computer software for use in communications, networking, and other functions in all fields; computer hardware; computer software and networking equipment, namely, network hardware and software for developing, securing, monitoring and managing machine to machine networks; computer software and networking equipment, namely, network hardware and software for securing, monitoring and managing energy in the public utilities, gas utilities, electric utilities and water utilities industries; computer software and networking equipment, namely, network hardware and software for data collection applications, namely distribution automation and demand side management applications; communications networking systems consisting of computer hardware and various types of software, including communications software, networking software, WAN (wide area network) operating software, radio frequency wireless communications technology, namely, computer network interface devices, computer network bridges, and other devices, one-way and two-way automated meter reading devices and other monitoring and control devices for use in the energy and utility fields; computer hardware and software for use in transmitting data one-way and two-way between a data computing network and remote communications devices, namely, wireless network repeaters, routers, personal computers, laptop computers, cellular phones and handheld computers; electronic interface modules for receiving and transmitting energy-related information and requests between and among commodity meters, electronic devices and a host computer over a wide area network and a local area network; computer database management software used for receiving and monitoring energy usage information from multiple remote commodity meters in the public utilities, gas utilities, electric utilities and water utilities industries; electric utility meters, namely, gas meters, electric meters, and water meters; network interface cards; gateway routers in the nature of computer control hardware; electronic devices, namely, radio frequency repeaters used in long range communication for tracking and monitoring data; advanced meter communications devices, namely, transmitters, receivers and antennas used to collect, store and process consumption data, distribution automation data, demand response data and other information in the energy and utility fields, including electric, water, gas, solar, coal, thermal and nuclear energy.
Applicant’s amendment is not acceptable and the requirement is made FINAL.
The wording used to describe the goods is indefinite as described below and must be clarified. See TMEP §1402.01.
Class 09: Computer software for use in communications, networking, and other functions in all fields-This language remains indefinite. Communications, networking are too wide to be properly definite and “other functions” could be nearly anything. Applicant must specifically list discrete software that has a specific field and function.
computer hardware; computer software and networking equipment, namely, network hardware and software for developing, securing, monitoring and managing machine to machine networks; computer software and networking equipment, namely, network hardware and software for securing, monitoring and managing energy in the public utilities, gas utilities, electric utilities and water utilities industries; computer software and networking equipment, namely, network hardware and software for data collection applications, namely distribution automation and demand side management applications; All acceptable
communications networking systems consisting of computer hardware and various types of software, including communications software, networking software-<This remains unacceptable. “Various Software” is indefinite>
WAN (wide area network) operating software, radio frequency wireless communications technology, namely, computer network interface devices <devices is indefinite>, computer network bridges, and other device namely<must specify all devices that are part of this system>s, one-way and two-way automated meter reading devices and other monitoring and control devices namely<must specify> for use in the energy and utility fields; This remains unacceptable.
computer hardware and software for use in transmitting data one-way and two-way between a data computing network and remote communications devices, namely, wireless network repeaters, routers, personal computers, laptop computers, cellular phones and handheld computers; electronic interface modules for receiving and transmitting energy-related information and requests between and among commodity meters, electronic devices and a host computer over a wide area network and a local area network; computer database management software used for receiving and monitoring energy usage information from multiple remote commodity meters in the public utilities, gas utilities, electric utilities and water utilities industries; electric utility meters, namely, gas meters, electric meters, and water meters; network interface cards; gateway routers in the nature of computer control hardware; electronic devices, namely, radio frequency repeaters used in long range communication for tracking and monitoring data; advanced meter communications devices, namely, transmitters, receivers and antennas used to collect, store and process consumption data, distribution automation data, demand response data and other information in the energy and utility fields, including electric, water, gas, solar, coal, thermal and nuclear energy
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.
The requirement for a proper identification is thus maintained and made FINAL.
RESPONSE TO OFFICE ACTION
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Computer software for use in communications, networking, and other functions in all fields;
Communications networking systems consisting of computer hardware and various types of software, including communications software, networking software, WAN (wide area network) operating software, radio frequency wireless communications technology, namely, computer network interface devices, computer network bridges, and other devices, one-way and two-way automated meter reading devices and other monitoring and control devices for use in the energy and utility fields;
The application will then proceed for the remaining goods. 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a).
Applicant may respond to this final Office action by:
(1) Submitting a response that fully satisfies all outstanding requirements, if feasible; and/or
(2) Filing an appeal to the Trademark Trial and Appeal Board, with an appeal fee of $100 per class.
37 C.F.R. §§2.6(a)(18), 2.64(a); TBMP ch. 1200; TMEP §714.04.
In certain rare circumstances, a petition to the Director may be filed pursuant to 37 C.F.R. §2.63(b)(2) to review a final Office action that is limited to procedural issues. 37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.146(b); TBMP §1201.05; TMEP §1704 (explaining petitionable matters). The petition fee is $100. 37 C.F.R. §2.6(a)(15).
If the applicant has any questions or needs assistance regarding this action, please telephone the assigned examining attorney.
/Frank J Lattuca/
Trademark Examining Attorney
Law Office 109
Tel: (571) 270-1518
Email: Frank.Lattuca@uspto.gov
TO RESPOND TO THIS LETTER: Use the Trademark Electronic Application System (TEAS) response form at http://teasroa.gov.uspto.report/roa/. Please wait 48-72 hours from the issue/mailing date before using TEAS, to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov.
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 Trademark Applications and Registrations Retrieval (TARR) at http://tarr.gov.uspto.report/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/teas/eTEASpageE.htm.