To: | Automaton, Inc. (perkins@blake-perkins.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87633216 - RADAR - N/A |
Sent: | 1/9/2018 2:34:17 PM |
Sent As: | ECOM105@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87633216
MARK: RADAR
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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: Automaton, 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:
This Office action supersedes the previously-issued Office action. 1/9/2018
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.
Summary of Issues:
NO CONFLICTING MARKS NOTED
However, the applied-for mark cannot be approved for publication until the following issues are resolved:
IDENTIFICATION OF GOODS
The identification of goods reads as follows:
Radio frequency identification computer software, proprietary RFID reader, antenna hardware, proprietary computer vision hardware and software and wireless localization technology using wireless local area networks and telecommunications wireless communication networks for creating a software application that allows counts and locations of inventory, products and people at physical structures and public places, including accommodations, administrative buildings, archives, bars, casinos, clubs and nightclubs, factories, hospitals, hotels, government and municipal buildings, libraries, office buildings, residences, restaurants, utilities, warehouses, production facilities, distribution and fulfillment centers, shipping containers, offices, schools, colleges, universities, automobiles, trucks buses, trains, taxis, car services, airplanes, ships boats, bus and train stations, airports, ports, parks, stadiums, arenas, concert halls, theaters, farms, ranches, sanitation facilities, garbage and recycling receptacles, roads, streets and highways to optimize operations by providing tools to expedite capture and management of data including inventory and occupancy levels, to enhance internal replenishment and resupply accuracy and improve performance by employees, to track what occupants do inside buildings or in public places, to evaluate the individual performance of employees and their impact on an organization, to understand the individual behavior of people and their impact on facilities or public places, to improve operational efficiencies, to create a system that allows users of buildings to leave the buildings with items and be charged for those items or to tally the items, to automatically scan items and augment cashiers by automatically scanning items, and to prevent theft.
Radio frequency identification computer software, proprietary RFID reader, antenna hardware, proprietary computer vision hardware and software featuring wireless localization technology using wireless local area networks and telecommunications wireless communication networks for creating a software application that allows counts and locations of inventory, products and people at physical structures and public places, including accommodations, administrative buildings, archives, bars, casinos, clubs and nightclubs, factories, hospitals, hotels, government and municipal buildings, libraries, office buildings, residences, restaurants, utilities, warehouses, production facilities, distribution and fulfillment centers, shipping containers, offices, schools, colleges, universities, automobiles, trucks buses, trains, taxis, car services, airplanes, ships boats, bus and train stations, airports, ports, parks, stadiums, arenas, concert halls, theaters, farms, ranches, sanitation facilities, garbage and recycling receptacles, roads, streets and highways to optimize operations by providing tools to expedite capture and management of data including inventory and occupancy levels, to enhance internal replenishment and resupply accuracy and improve performance by employees, to track what occupants do inside buildings or in public places, to evaluate the individual performance of employees and their impact on an organization, to understand the individual behavior of people and their impact on facilities or public places, to improve operational efficiencies, to create a system that allows users of buildings to leave the buildings with items and be charged for those items or to tally the items, to automatically scan items and augment cashiers by automatically scanning items, and to prevent theft.
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.
NEW DRAWING REQUIRED
Applicant must submit a new drawing showing the faint gray square background deleted from the mark because this matter appears to be extraneous and not a part of the mark. See 37 C.F.R. §2.72; TMEP §§807.02, 807.14(a). Although deleting this matter is permitted under these facts, applicant may not make any other changes or amendments that would materially alter the applied-for mark on the drawing. See 37 C.F.R. §2.72; TMEP §807.14. For more information about changes to the mark in the drawing after the application filing date, please go to the Drawing webpage.
If the square background is part of the mark, applicant must amend the mark description to reference the square. See 37 C.F.R. §2.37; TMEP §§808 et seq.
SIGNIFICANCE INQUIRY
QUESTIONS REGARDING THIS OFFICE ACTION
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, an e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
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.
/Melissa Vallillo/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 105
(571) 272-5891
melissa.vallillo@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.