To: | Plex Systems, Inc. (berger@millercanfield.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 86245712 - PLEX - 132073-09 |
Sent: | 11/11/2014 11:12:03 AM |
Sent As: | ECOM110@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 86245712
MARK: PLEX
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Plex Systems, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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FINAL OFFICE ACTION – PARTIAL REQUIREMENT
TO AVOID PARTIAL 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: 11/11/2014
This Office action is in response to applicant’s communication filed on October 21, 2014.
In a previous Office action(s) dated July 22, 2014, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(d) for a likelihood of confusion with a registered mark. In addition, applicant was required to satisfy the following requirement(s): amend the identification of goods and claim ownership of prior registrations.
Based on applicant’s response, the trademark examining attorney withdraws the following: (1) the Section 2(d) refusal; and (2) the prior registration requirement. See TMEP §§713.02, 714.04.
Further, the trademark examining attorney maintains and now makes FINAL the requirement to provide an acceptable identification of goods in International Class 9. See 37 C.F.R. §2.64(a); TMEP §714.04.
Identification Of Goods
The applicant may adopt the following, if accurate: Computer software for enterprise resource planning, business intelligence that [clarify function, e.g., combines information from a variety of databases], quality management that [clarify function, e.g., organizes and calculates data concerning product defects], manufacturing execution that [clarify function, e.g., organizes and calculates data concerning product manufacturing efficiency], supply chain management and customer relationship management.
CONCLUSION
Applicant must respond within six months of the date of issuance of this final Office action or the following goods to which the final refusal(s) and/or requirement(s) apply will be deleted from the application by Examiner’s Amendment: business intelligence, quality management, manufacturing execution. 37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).
The application will then proceed for the following goods and services: Computer software for enterprise resource planning, supply chain management and customer relationship management in International Class 9 and Software as a Service (SaaS) services, namely, providing Enterprise Resource Planning (ERP) solutions for manufacturers in International Class 42.
Applicant may respond by providing one or both of the following:
(1) A response that fully satisfies all outstanding requirements and/or resolves all outstanding refusals.
(2) An appeal to the Trademark Trial and Appeal Board, with the appeal fee of $100 per class.
37 C.F.R. §2.64(a); TMEP §714.04; see 37 C.F.R. §2.6(a)(18); TBMP ch. 1200.
In certain rare circumstances, an applicant may respond by filing a petition to the Director pursuant to 37 C.F.R. §2.63(b)(2) to review 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).
/Andrea Koyner Nadelman/
Andrea Koyner Nadelman
Trademark Examining Attorney
Law Office 110
571-272-9370
andrea.nadelman@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/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.gov.uspto.report/. 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 1-800-786-9199. 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/trademarks/teas/correspondence.jsp.