NOTE TO THE FILE
SERIAL NUMBER: 86531430
DATE: 07/06/2015
NAME: wverhosek
NOTE:
Searched: Discussed ID with:
Google Senior Atty
Lexis/Nexis Managing Atty
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked: Discussed Geo. Sig. with:
Geographic significance Senior Atty
Surname Managing Atty
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search Issued Examiner’s Amendment
for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:From: Stephenson, Patrick C. [mailto:Patrick.Stephenson@KutakRock.com]
Sent: Friday, July 03, 2015 1:45 PM
To: Verhosek, William
Subject: US Trademark Application SNs 86531370 (FPT); 86531376 (FPT SOFTWARE); 86531430 (FPT and designs)
Dear Mr. Verhosek,
Our understanding of “digital image” is a picture not a video. See http://en.wikipedia.org/wiki/Digital_image and http://sites.google.com/site/learnimagej/image-processing/what-is-a-digital-image. A video in digital format would be referred to as “digital video”. See http://en.wikipedia.org/wiki/Digital_video and http://www.webopedia.com/TERM/D/digital_video.html.
As such, we believe that the current description is definite. With that additional information, please confirm whether you are maintaining your refusal. If so, please advise as to what description would be acceptable in light of this clarification. Thank you.
Patrick C. Stephenson
Kutak Rock LLP
1650 Farnam Street
Omaha, Nebraska 68102-2186
Direct: 402-231-8909
Fax: 402-346-1148
Cell: 402-689-2445
www.kutakrock.com
From: Verhosek, William [mailto:William.Verhosek@USPTO.GOV]
Sent: Thursday, July 02, 2015 7:54 AM
To: Stephenson, Patrick C.
Subject: US Trademark Application SNs 86531370 (FPT); 86531376 (FPT SOFTWARE); 86531430 (FPT and designs)
Dear Mr. Stephenson,
I am the examining attorney on the trademark application above. I’ve just reviewed the responses and have one issue regarding ID in Class 42, as follows:
ID of Services
Class 42: Consulting services in the field of cloud computing; Computer consultation in the field of computer security; Custom design and development of computer software; Technical support services, namely, 24/7 monitoring of network systems, servers and web and database applications and notification of related events and alerts; Technical consulting services in the fields of datacenter architecture, public and private cloud computing solutions, and evaluation and implementation of internet technology and services; Computer services, namely, integration of private and public cloud computing environments; Design, maintenance, development and updating of computer software; Providing temporary use of on-line non-downloadable software for evaluating, migrating, and using cloud based data; Computer security consulting services, namely, assessing data security vulnerability and assessing cloud computing vulnerability; Data migration services, namely, migrating data or applications from one platform to another; Correction, restoration and enhancement of digital images of [specify media, e.g., videos]; Digitization of documents
The original wording “digital image correction, restoration and enhancement” is a specific service regarding the type of media, e.g., videos. Otherwise, correction of digital image on websites would merely be “computer programming.”
If you are agreeable to the changes above, please let me know via this email or phone below. I can take care of the changes by an examiner’s amendment.
Or if you prefer, I can always send out an Office Action giving you six months to respond.
Thanks,
William T. Verhosek
Examining Attorney
Law Office 114
571-272-9464
This E-mail message is confidential, is intended only for the named recipients above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you have received this message in error, please notify the sender at 402-346-6000 and delete this E-mail message.
Thank you.