To: | Ripple Labs Inc. (docket@mabr.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87526100 - XRAPID - R3012.81927U |
Sent: | 8/28/2017 1:41:48 PM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87526100
MARK: XRAPID
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CORRESPONDENT ADDRESS: MASCHOFF BRENNAN LAYCOCK GILMORE ISRAELS |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Ripple Labs Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
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. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 8/28/2017
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Applicant must respond to the requirement(s) set forth below.
IDENTIFICATION OF SERVICES
The Class 38 wording “Peer to peer network computer services, namely,
enabling transmission of financial data over electronic communication networ” in the identification of services must be clarified because it is
too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
Applicant must specify the nature of the “enabling”.
The wording “Application programming interface (API) enabling communication with currency and digital asset exchanges over electronic computer networks” in the identification of services must be clarified because it is too broad and could include services in other international classes. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. For example, if this is a software program, it is a Class 42 service.
The wording “Application service provider featuring application programming interface (API) software in the fields of cross-border financial transactions and payment processing” must be amended to specify the function of the software, as opposed to the field.
The wording “Application service provider featuring Application Programming Interface (API) enabling financial institutions and payment processors to communicate and coordinate with currency and digital asset exchanges over electronic computer networks in order to effect and financial transactions and payments” must be amended to specify the nature of the “enabling.” For example, applicant may specify that this is a software.
Finally, applicant must clarify the nature of the services “Computer software services, namely, facilitating payments over electronic communications networks”. Applicant must specify what services it provides for “facilitating.” For example, applicant may clarify that this is a software service.
Applicant may substitute the following wording, if accurate:
Class 09: Computer software for facilitating payments over electronic communications networks in the form of fiat currency, digital currency or cryptocurrency; non-downloadable computer software for facilitating payments over electronic communications networks in the form of fiat currency, digital currency or cryptocurrency
Class 36: Financial transaction services, namely, providing commercial transaction and payment options
Class 38: Peer to peer network computer services, namely, enabling transmission of financial data over electronic communication network
Class 42: Application service provider featuring application programming interface (API) software in the fields of for use in processing
cross-border financial transactions and payment processing; Application service provider featuring Application Programming Interface (API) software enabling financial
institutions and payment processors to communicate and coordinate with currency and digital asset exchanges over electronic computer networks in order to effect and financial transactions and
payments; Computer software services, namely, providing online non-downloadable computer software for facilitating payments over electronic communications networks; Providing
online non-downloadable computer software for facilitating payments over electronic communications networks; Application service provider featuring application programming
interface (API) software for enabling communication with currency and digital asset exchanges over electronic computer networks
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
PARTIAL ABANDONMENT ADVISORY
For this application to proceed further for the full list of applicant’s goods and/or services, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options specified in this Office action for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements. For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “Responding to Office Actions” on the USPTO’s website.
If applicant does not respond to this Office action within six months of the issue/mailing date, the following services will be deleted from the application: Class 38, and Application service provider featuring application programming interface (API) software in the fields of cross-border financial transactions and payment processing; Application service provider featuring Application Programming Interface (API) enabling financial institutions and payment processors to communicate and coordinate with currency and digital asset exchanges over electronic computer networks in order to effect and financial transactions and payments; Computer software services, namely, facilitating payments over electronic communications networks, in Class 42. See 37 C.F.R. §2.65(a); TMEP §718.02(a). The application will then proceed with the following goods and services only: Classes 09 and 38, and Providing online non-downloadable computer software for facilitating payments over electronic communications networks, in Class 42. See TMEP §718.02(a). In such case, an applicant may timely file a petition to revive the abandoned services, which, if granted, would allow for the reinsertion of these services into the application. See 37 C.F.R. §2.66; TMEP §§718.02(a), 1714. The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(b)(1).
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
/Laura Golden/
Examining Attorney
Law Office 103
(571) 272-3928
laura.golden@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.