Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

NOTICE OF DIVISIONAL REQUEST COMPLETED

 

 

ISSUE/MAILING DATE: 1/7/2016

U.S. Serial Number   86021553

 

The request to divide application serial no. 86021553 filed on November 19, 2015 has been processed as follows:

 

(1)  Parent (original) application serial no. 86021553 contains the following services in class: 42 (Non-downloadable, cloud based computer software for modeling; non-downloadable, cloud based computer aided design and manufacturing software (CAD/CAM) for general use; cloud based computer aided design and manufacturing software (CAD/CAM) for use in construction, building, modeling, simulation, architecture, engineering and automated manufacturing; cloud based computer software for modeling and structural reinforcement; providing virtual computer systems and virtual computer environments through cloud computing; non-downloadable, cloud based computer software for generating and managing physical and functional characteristics of the building process).  To avoid abandonment, applicant must continue to file requests for extension of time to file a statement of use (extension requests) or a statement of use within the six-month period after the issuance of the notice of allowance or before expiration of a previously granted extension period.  37 C.F.R. §§2.88(a), 2.89(a)-(b).

 

(2)  Child application serial no. 86978065 contains the following goods and services in classes: 9 (CAD software, namely, computer-aided design software and computer-aided management software for architects, engineers, and facilities planners and managers, and instructional manuals sold together as a unit therewith; computer aided design and manufacturing software (CAD/CAM) for general use; computer aided design and manufacturing software (CAD/CAM) for use in construction, building, modeling, simulation, architecture, engineering and automated manufacturing; computer software for building, construction, engineering, simulation, modeling, prototyping, structural analysis, manipulation, testing, analysis, performance, configuration, integration, and sustainable design; computer software for generating and managing physical and functional characteristics of the building process; computer software for structural analysis and structural engineering; computer software development and exchange tools; computer software for determining material performance, stress load, and optimization in building, construction, engineering and manufacturing; computer software for building, construction, engineering and planning of mechanical, electrical, plumbing, and HVAC locations, restrictions, enhancements and customization; computer software for modeling, interoperability, scheduling, collaboration, and integration; computer software that provides web-based access to applications and services through a web operating system or portal interface; computer software for the databasing, visualization, manipulation, simulation, and virtual rendering of building design, construction, engineering, architecture, modeling, rendering, and manufacturing).

42 (Non-downloadable, cloud based computer software for building, construction, engineering, simulation, testing, analysis, performance, integration, and sustainable design; cloud based computer software for building, construction, engineering, simulation, testing, analysis, performance, configuration, and sustainable design; cloud based software development and exchange tools; design of information graphics and data visualization materials; providing an internet website portal offering information in the field of computer aided design and manufacturing).  A statement of use filed on November 19, 2015 meets the minimum filing requirements and has been placed in the child application.  The statement of use will be routed to the examining attorney for examination and, if it does not meet all the statutory requirements, the examining attorney will notify the applicant.

 

37 C.F.R. §2.87; see TMEP §§1110 et seq. 

 

Please call the undersigned with any questions.

/Diane T. Jones/

Diane T. Jones

Paralegal Specialist

ITU/Divisional Unite

Phone number 571-272-9504

Fax number 571-273-9504

diane.jones@uspto.gov

 

NO RESPONSE TO THIS NOTICE IS REQUIRED.

 

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 Status and Document Retrieval (TSDR) at http://tsdr.gov.uspto.report/. Please keep a copy of the complete status screen.  If TSDR 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/trademarks/teas/correspondence.jsp.

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED ITU STAFF MEMBER IDENTIFIED ABOVE.