UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 11/26/2018

 

This Office action is in response to applicant’s communication filed on November 13, 2018.  The requirement for clarification of the identification and classification of the services is continued and maintained.

 

Clarification of Identification and Classification of Goods and Services Required

 

The proposed amended wording must be clarified because it is too broad and includes services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular,

 

• provision of “imagery” could include downloadable images files as goods in International Class 9, the service of providing a website featuring non-downloadable photographs and videos in International Class 41
• environmental analysis information is classified according to the type of analysis, construction analysis is in International Class 37, remediation analysis is in International Class 40, and scientific assessments are in International Class 42
• consulting about technology is classified according to the classification of the subject matter, consulting about information technology is in International Class 42, energy generation in International Class 40
• databases and information about energy is classified according to the subject of the information, information about pipeline transmission, supplying power via electrical grids, and energy distribution is in International Class 39, production of wind energy and solar energy generation in International Class 40
• services for repair and maintenance of software are in International Class 42 and hardware in International Class 37
• agriculture research and scientific testing is in International Class 42 and agricultural services such as pest control and cultivation are in International Class 44

 

Applicant is advised that requests to transfer goods and/or services between applications are subject to the following requirements:

 

• In order to transfer goods/services between applications, the applicant must provide the following in the original application:  a request to delete specified goods/services in the original application and specification of the serial number of the application to which the goods/services are to be added. TMEP §1402.08.  Applicant must also file an amendment in the receiving application specifying the goods/services to be added and the serial number of the application from which they are to be moved from.  Id.

 

• Transfers are only permitted if the original application was filed on or before the filing date of the application to which the goods/services are to be moved, the goods/services are properly in a class other than those in the original application, and the application to which they are to be moved includes the proper class, and neither application has been approved for publication.  Id.

 

A sample amended identification is set forth below, which applicant may adopt, if accurate to describe applicant’s goods and/or services.  Wording in italic type represents items in the identification that require clarification.  Bold italic type indicates changes to applicant’s original identification.  Strikethrough marking indicates wording that must be deleted.  Wording in [brackets] following a fill in the blank provides guidance and examples of acceptable amendments.  For example, if the original identification is “clothing,” and the suggestion is “clothing, namely, ____ [specify items in this class, e.g., shirts, pants and coats]”, applicant may amend the identification to “clothing, namely, shirts, pants and coats” in the response to the office action. 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

International Class 37: Providing a database featuring information in the field of ___ [specify environmental topic in this class, e.g., construction of environmentally conscious buildings];  Providing information and analysis in the field of repair and maintenance of computer vision and mobile remote sensing  hardware for manned and unmanned aerial vehicles

 

International Class 39:  Consulting in the field of energy in the field of technology for distribution of energy; Providing online databases, information and consulting in the field of pipeline transmission, supply of electricity via grids, energy distribution and disruption of distribution

 

International Class 40: Providing a database featuring information in the field of ___ [specify environmental topic in this class, e.g., environmental remediation treatment of soil and water]; Consulting in the field of energy in the field of technology for generation of solar energy; Providing online databases, information and consulting in the field of production of wind and solar energy

 

International Class 41:  Providing a website featuring non-downloadable imagery in the nature of videos and photographs in the field of engineering of building structures, property and terrain, and conditions in the nature of damage and need for repair or replacement, weather, environment, climate, and natural disasters; Providing a website featuring non-downloadable imagery in the nature of videos and photographs in the field of weather, environmental analysis and climate science;  Providing a website featuring non-downloadable imagery in the nature of videos and photographs in the field of land evaluation surveying of terrain

 

International Class 42:  Providing on-line non-downloadable software programs for use in analyzing property and casualty insurance loss information; Providing on-line non-downloadable software programs for use as an automated valuation model for real estate property assessment and creation of real property valuation reports for others; Providing on-line non-downloadable software programs for health care businesses, health care providers and others in the health care market, for analyzing, creating financial models of, and creating reports on, health care costs and cost-control, the financing of health care costs, managed care provider groups, self-insured employers, third party administrators, and the delivery of health care services, for targeting specific business problems in the health care field, to perform information and research services regarding the Medicare market, and to validate claim submissions and detect, investigate, audit and manage fraudulent claims and over-payment of claims; Providing on-line non-downloadable software for accessing, storing, retrieving and updating driver and motor vehicle records; Providing on-line non-downloadable software  for managing workers compensation claims; Providing on-line non-downloadable software  for use by the insurance industry to electronically pre-fill insurance applications with applicant information from existing databases; Providing on-line non-downloadable software for use in executing residential insurance and valuation calculations; Providing on-line non-downloadable software featuring  a spatial assessment tool that offers geographic maps displaying insurance risk assessment data and information, namely, risk addresses, risk assessment, exposure concentrations, and information regarding target areas for underwriting new business; Providing on-line non-downloadable software for conducting insurance premium audits, for outsourcing insurance premium audits and for linking users of insurance premium audit services to high-quality vendors; Providing on-line non-downloadable software for providing real-time claims management reports to insurance carriers and restoration contractors via a secure on-line website; Providing on-line non-downloadable software to receive, track, document and manage insurance claims, property valuations, repair estimates and property replacement costs; Providing on-line non-downloadable software used in insurance claims handling for collaboration among insurance underwriters, insurance claims personnel and insurance policyholders; Providing on-line non-downloadable software for weather-related simulations, forecasts and modeling, to insurance companies and farmers, concerning the risk of weather-related losses; Providing on-line non-downloadable software for screening candidates for employment for criminal records and verification of education, credentials, and employment history; Recovery of computer data generated during the operation of vehicles; Providing on-line databases featuring weather-related catastrophic events; Computer software maintenance, technical support, namely, troubleshooting of computer software problems; Application service provider featuring software for providing an online computer database that facilitates audits of insurance premiums; Providing climate forecast information; Electronic data storage services for others; Providing an interactive website featuring technology that allows users to view, annotate and manipulate geospatial data related to properties, structures and characteristics of the earth and objects upon the earth; Obtaining information and p Providing information and analysis, namely, images and measurements of building structures, roofs, other features of building structures, property, terrain, and structural material and contents of buildings and land and conditions in the nature of damage and need for repair or replacement, using imagery and remote sensing technologies; Providing geographic information and measurement information through the collection, manipulation, processing, and/or formatting of images and geographic measurements of geographic locations, namely, ____ [specify type of services in this class, e.g., tomographic imaging and surveying] using through use of remote sensing technologies and surveying; Providing computer representations of geographic locations namely, computer mapping and modeling services created from aerial, terrestrial, satellite and geospatial imagery and other imagery and remote sensing technologies; Providing three dimensional imagery using computer modeling, and computer modeling with measurements and images of building structures, roofs, other features of building structures, property, terrain and structural material and contents of buildings and land and conditions in the nature of damage and need for repair or replacement; Remote measuring services for building structures, roofs, property, other features of building structures, terrain, and structural material and contents of buildings and land and conditions in the nature of damage and need for repair or replacement, using aerial, terrestrial, satellite and geospatial imagery and other imagery, other remote sensing technologies, and computer software; Obtaining information and imagery, and providing information, imagery, and analysis, namely, computer modeling and computer electronic imaging of building structures, roofs, other features of building structures, property, terrain, other objects and conditions, weather, natural hazards, climate, environment, and natural disasters, for use in building inspections, risk assessment, hazard assessment, reconstruction assessment, and to assist in insurance claims management and analysis; Providing online non-downloadable software for cost estimating and other assessments in the building, construction, repair, restoration, maintenance and remodeling industries; Providing online non-downloadable software a for detecting, identifying, measuring and analyzing roofs, building structures, property, terrain, and other objects and conditions; Providing online non-downloadable software for use with aerial, terrestrial, satellite and geospatial imagery and other imagery and remote sensing technologies, and with photographic data, geospatial data, locational data, and other information and data from remote sensing technologies; Providing online non-downloadable software for creating drawings, floorplans, and schematics of building structures, roofs, other features of building structures, property, terrain and other objects in the nature of structural material and contents of buildings and land and conditions in the nature of damage and need for repair or replacement; Providing online non-downloadable software for integrating electronic data and other information with real world environments; Providing online non-downloadable software for integrating electronic data and other information with real world environments for the purpose of generating maps, representations of building structures, roofs, other features of building structures, property, terrain and other objects and conditions; Providing online non-downloadable software for use in providing information featuring aerial, terrestrial, satellite and geospatial imagery and other imagery and remote sensing technologies and photographic data, geospatial data, locational data, and other information and data generated from remote sensing technologies; Providing online non-downloadable software for photogrammetric analysis; Providing online non-downloadable software for use in detection, inspection, evaluation and assessment of buildings and other objects in the nature of structural material and contents of buildings and land and conditions in the nature of damage and need for repair or replacement; Providing online non-downloadable software for risk assessment, analysis and management and hazard assessment, analysis and management; Providing online non-downloadable software to assist in insurance claims assessment, analysis and management; Providing online non-downloadable software for capturing, storing, management, processing and transmitting photos, videos and other sensory and detection information; Providing online non-downloadable software used for capturing, storing and accessing images and geographic, locational and other data regarding the captured, stored and accessed images; Providing an interactive website featuring information, imagery, and analysis, namely, engineering information in the field of building structures, roofs, other features of building structures, property, terrain, other objects in the nature of structural material and contents of buildings and land and conditions in the nature of damage and need for repair or replacement, weather, environment, climate, and natural disasters; Providing an interactive website featuring information, imagery, and analysis, namely, provision of information in the fields of weather, environmental analysis, and climate science; Providing an interactive website featuring information, imagery, and analysis, namely, provision of information in the field of forensic analysis; Providing information, imagery, and analysis in the fields of weather, environmental analysis, climate science, and forensic analysis; Obtaining information and p Providing information and analysis, namely, images and measurement services featuring imagery and measurements in the field of building structures, roofs, other features of building structures, property, terrain, and other objects in the nature of structural material and contents of buildings and land and conditions in the nature of damage and need for repair or replacement, gathered by manned and unmanned aerial systems; Providing online non-downloadable software for use in analysis, predictive modeling, and creating reports, relating to property damages, loss information, climate, environment, weather events, catastrophes, and other events and conditions; Providing information and analysis, namely, scientific information in the fields of landscape conditions, climate science, and environmental analysis, and changes and risks associated therewith using aerial, terrestrial, satellite and other imagery and remote sensing technologies; Providing online non-downloadable software for controlling imaging and other sensory and detection apparatus and technologies; Providing an interactive website featuring technology that allows users to access, review, comment on, receive training on, and provide feedback on, software and services in the field of insurance and conduct interactive discussions in the field of insurance; Providing online non-downloadable software for use in valuations of real estate, buildings, fixtures, personal property and other objects; Providing online non-downloadable software for documenting, inventorying, and monitoring personal, commercial, and industrial property and any damage thereto and status, condition, value and location thereof; Providing online non-downloadable software for communicating with insurance policyholders and insurance industry professionals, for providing and tracking customer surveys and for estimating the costs of insurance, construction, engineering, remodeling or replacement of residential, commercial, industrial and agricultural buildings and the fixtures and contents thereof; Providing online non-downloadable software, namely, graphic based construction estimation software to estimate the cost of building or repairing structures and other objects in the nature of structural material and contents of buildings and land; Providing online non-downloadable software, namely, non-downloadable cost estimation, project management and analytic reporting software; Providing online non-downloadable software for identifying, estimating and valuing insuring, remodeling, replacement and construction costs; Providing online non-downloadable software  for analytics regarding weather, hazards and other events and conditions in the nature of climates, environment, and catastrophes; Providing a database featuring information and analysis about weather, ____ [specify environmental topic in this class, e.g., environmental assessments]environmental analysis, climate science and natural hazards in the nature of weather and geological event modeling and simulation; Providing online non-downloadable software for creating reports about weather, environment, climate, and natural hazards; Electronic storage services, namely, storing data for others relating to insurance claims, home warranties, valuations of real estate, buildings, fixtures, and personal property, residential insurance valuation calculations, and construction, replacement and remodeling costs estimates, and insurance policies covering real estate; Electronic storage services, namely, storing data for others in the fields of residential, commercial, industrial and agricultural real estate valuations, construction, replacement and remodeling costs estimates; Electronic storage services, namely, storing data from aerial, terrestrial, satellite and other imagery and remote sensing technologies, photographic data and geospatial data; Providing online non-downloadable software for education and training in the fields of insurance cost valuation and residential construction and remodeling; Providing online non-downloadable software for identifying documenting, inventorying, and monitoring personal, commercial, and industrial property and any damage thereto and status, condition, value and location thereof; Providing online non-downloadable software for calculating the costs of repairs and for monitoring of claims under home warranties and building insurance policies; Providing online non-downloadable software for calculating the costs of, tracking the progress and payments of, and reporting personal property claims; Development of industry standards and practices, namely, developing voluntary standards  [delete “government” as not a type of industry standard] in the field of imagery and geospatial intelligence and analysis, and use of manned and unmanned aerial vehicles and related technology;; Providing on-line databases and preparation of customized reports and analytical documents delivered electronically featuring scientific research and analysis, computer modeling, simulations, and forecasting, on weather, environment, climate and natural hazards; Providing on-line, non-downloadable software for creating and viewing reports and maps about weather, environment, climate and natural hazards; Providing a website featuring temporary use of non-downloadable software for creating and viewing reports and maps; Providing online non-downloadable software  for the operation of unmanned aerial systems; Providing online non-downloadable software  for capturing, generating, taking, viewing, storing, editing, arranging, converting, combining, sharing, downloading, enhancing, providing, accessing, annotating, transmitting, manipulating, processing, analyzing, maintaining, searching, managing, displaying, detecting, reproducing, modifying and otherwise interacting with or utilizing information, data, and aerial, terrestrial, satellite, and geospatial imagery and other imagery and outputs from sensory and detection technologies; Providing online non-downloadable software for capturing, generating, taking, viewing, storing, editing, arranging, converting, combining, sharing, downloading, enhancing, providing, accessing, annotating, transmitting, manipulating, processing, analyzing, maintaining, searching, managing, displaying, detecting, reproducing, modifying and otherwise interacting with or utilizing information, data, and aerial, terrestrial, satellite, geospatial and other imagery and outputs from sensory and detection technologies in the fields of in the fields of energy and natural resources, agriculture, mining, transportation, supply chain logistics, engineering, environment, weather and climate, surveillance, cartography, insurance, banking, construction, real estate, law enforcement, emergency services, government, and geopolitics; Providing online non-downloadable software  for capturing, generating, taking, viewing, storing, editing, arranging, converting, combining, sharing, downloading, enhancing, providing, accessing, annotating, transmitting, manipulating, processing, analyzing, maintaining, searching, managing, displaying, detecting, reproducing, modifying and otherwise interacting with or utilizing information, data, aerial, terrestrial, satellite, and geospatial imagery and other imagery and outputs from sensory and detection technologies for fraud detection, assessment of energy efficiency, analysis of infrastructure, analysis of electrical utilities infrastructure, forensic analysis, geographical information systems and risk assessment, risk detection, risk analysis, and risk management; Obtaining and providing information and imagery, namely, scientific research information, computer modeling, simulations, and forecasting, on weather events, catastrophes, environment, and climate to assist in insurance claims management and analysis, risk management and analysis, financial risk assessment, financial and investment analysis, and real estate valuation, and real estate risk management and analysis; Providing online non-downloadable software for risk management and analysis, risk analytics, risk calculation, risk mitigation, risk forecasting, financial risk assessment, and financial and investment analysis; Providing online non-downloadable software for accessing information on risk in specific geographic regions, catastrophic events, weather events, world events, and other potential loss events; Providing online non-downloadable software for accessing information on risk relating to human rights, political stability, security, corruption, safety, conflicts, terrorism, food security, water security, energy security, climate change and poverty; Providing online non-downloadable risk modeling software for analyzing business and financial risk, and software for climate, environment and disaster risk management; Providing online non-downloadable software for use in analysis, predictive modeling, and creating reports, relating to catastrophic loss information, weather events, other catastrophes, and world events; Hosting online databases featuring information and analytics on risk in particular geographic regions, weather and natural hazards, weather-related events, other catastrophic events, world events, other loss events; Hosting online databases featuring information and analytics on risk relating to human rights, political stability, security, corruption, safety, conflicts, terrorism, food security, water security, energy security, climate change and poverty; Hosting of a website featuring information and analytics in the fields of insurance, insurance services, insurance management and analysis, risk management and analysis, risk analytics, risk calculation, risk mitigation, risk forecasting, financial risk assessment, and financial and investment analysis; Providing online non-downloadable software for use in financial analysis, financial risk management, marketing in the financial field, and warehousing of financial data; Data warehousing for financial services institutions; Consultancy services in the field of simulation software for the modeling of natural and man-made events, catastrophe modeling software, weather modeling software, environment modeling software, climate modeling software, consultancy services in the field of risk management software, loss modeling software, software to model rebuild and replacement costs for damaged structures; Scientific and technological services and research and design relating thereto, namely, computer programming and computer software consultation in the fields of methodologies for costing projects, financial planning, business process improvement, business management, mine planning, equipment scheduling, maintenance scheduling, financial modelling, production scheduling, materials management, quality management, human resources management, project management in the field of the chemical, energy, oil and gas, and coal and metals mining; Scientific and industrial research in the field of chemical, energy, oil and gas, and coal and metals mining industries; Professional technological consultancy services and preparation of technology research reports relating to energy, oil and gas, and coal and metals mining industries; Providing technological information, advisory and consultancy services in relation to the energy, oil and gas, and coal and metals mining industries; Providing technological information, advisory and consultancy services to companies in the energy, oil and gas, and coal and metals mining industries in the field of chemical, energy, oil and gas, and coal and metals mining industries; Scientific and technological services and research, namely, technical data analysis and modelling in the fields of energy, chemicals, metals and mining; Industrial analysis and research services in the fields of energy, chemicals, metals and mining; Analysis services for oil field exploration; Analysis services for mining exploration; Scientific research consultancy in the fields of energy, chemicals, metals and mining; Oil prospecting; Oil well testing; Research in the field of environmental protection; Providing online databases of environmental information enabling customers to analyze and determine the environmental impact of industrial sites, operations, and chemicals used therein; and providing online databases of scientific information enabling customers to analyze and determine the environmental impact of industrial sites, operations, and chemicals used therein; Providing online, non-downloadable software for retail businesses for identifying employee and customer theft and fraud; Providing online, non-downloadable software for retail businesses for managing transaction data; Providing online, non-downloadable software for loss prevention in retail businesses; Providing online, non-downloadable software for creating reports in the field of loss prevention in retail businesses; Providing on-line databases featuring weather information and weather reporting; Providing on-line non-downloadable software for use in analysis, predictive modeling, and creating reports, relating to catastrophic loss information, weather events and other catastrophes; Reporting services, namely, weather reporting; Providing on-line non-downloadable software for analyzing risk relating to weather and other perils; Software as a service (SAAS) services featuring software for risk management associated with energy service interruption; Weather forecasting information services; Research in the field of weather, climate and the environment; Consulting and advisory services in the field of weather, climate, and environmental risk; Scientific research; Research in the field of space exploration; Providing on-line non-downloadable searchable computer databases featuring geographic information derived from scientific research on wildfires, and featuring scientific research information associated with wildfires in the nature of about wildfire risk factors for risk analysis purposes; Providing a website featuring information in the nature of  geographic information derived from scientific research on wildfires, and featuring scientific research information associated with wildfires in the nature of about wildfire risk factors, and technology that enables users to analyze the risk associated with wildfires for insurance purposes; Providing online non-downloadable software for analyzing risk analysis information relating to residential and commercial property; Providing an interactive website featuring technology that allows users to access and download information, analysis and reports on fire protection efforts to assist communities with evaluating fire risk; Providing online non-downloadable software in the fields of career counseling and training, communication of corporate directives, compliance requirements and procedure and best practices to a distributed workforce; Data validation services provided to insurance companies, law enforcement agencies and equipment owners, namely, providing customized computer search and retrieval based on specific customer requests, [delete “ and providing alerts to customers about the status of property,” as not a type of data validation service] in the field of data to verify the accuracy and status of the Product Identification Number for equipment electronically or via the telephone; Developing databases and investigative resources, namely, development of investigative databases containing with information about assets and theft of assets for use by law enforcement agencies to deter theft; Providing on-line, non-downloadable software for use in insurance, risk management, risk assessment, and risk analysis, all relating to loss prevention; Providing on-line, non-downloadable software for insurance claims management and case management and reviewing, analyzing, and tracking of insurance claims data; Providing on-line, non-downloadable software for incident investigating and reporting; Providing on-line, non-downloadable software for identifying and investigating theft and fraud; Providing on-line, non-downloadable software for insurance investigations; Providing on-line, non-downloadable software for providing estimates of loss to assist in settlement of insurance claims; Providing on-line, non-downloadable software for data collection, analytics, and providing alerts, on crimes, accidents, other safety events in the workplace and brand protection issues; Providing on-line, non-downloadable software to assist property owners and law enforcement to investigate and recover stolen or damaged property, to share and analyze information regarding crimes, and for reporting of criminal activity; Providing on-line, non-downloadable software for monitoring employee compliance; Providing on-line, non-downloadable software for screening employees and candidates for employment for criminal records and verification of education, credentials, and employment history; Providing on-line, non-downloadable software for use in risk mitigation arising from weather events and for using weather forecasting information to make decisions regarding merchandising; Providing on-line, non-downloadable software for analyzing data and creating reports relating to risk and loss prevention; Electronic storage services, namely, storing data for use in insurance, risk management, risk assessment, and risk analysis, all relating to loss prevention; Providing online non-downloadable software to access information about insurance and prospective insureds and to order reports relating to insurance; Providing online non-downloadable computer software for screening employees and candidates for employment concerning criminal records, driving records, for verification of social security numbers, education and employment history, and for managing, monitoring and analyzing information about drivers; Providing online, non-downloadable software for identifying damage to vehicles; Compilation and analysis of scientific research data in the fields of energy and natural resources, agriculture, mining, transportation, engineering, weather, environment and climate; Consulting services in the field of energy, namely, ___ [specify technology topic in this class, e.g., information technology] used in the field of  relating to pipelines, terminals, storage facilities, electric grids, wind farms, solar panel farms, transmission lines, energy distribution and energy disruption; Providing information, imagery, and analysis in the field of mining, namely, about mining exploration; Computer services, namely, information storage and retrieval in the nature of electronic storage of files and documents, and public document retrieval relating to the handling, storage and regulation of hazardous waste materials; Providing online databases, information and consulting in the field of  about energy, namely, about ____ [specify energy topic in this class, e.g., energy auditing] pipelines, terminals, storage facilities, electric grids, wind farms, solar panel farms, transmission lines, energy distribution and energy disruption; providing consulting and advisory services in the field of energy, namely, about  pipelines, terminals, storage facilities, electric grids, wind farms, solar panel farms, transmission lines, energy distribution and energy disruption; Providing temporary use of online, non-downloadable software for automated claims administration management, tracking, and monitoring of all stages of insurance claims handling; Providing information, imagery, and analysis namely, information in the field of terrain evaluation in the nature of land evaluation surveying of terrain; Providing an interactive website featuring technology through which data about vehicles that have been in accidents can be uploaded, information about vehicle insurers can be located, and insurers can be alerted about vehicles in accidents; Providing on-line computer databases featuring risk analysis information in the nature of computer modeling, simulation and forecasting about weather and other perils in the nature of computer modeling, simulation and forecasting information; Obtaining information and imagery, and providing information, imagery, and analysis, namely, land and geological surveying information and analysis, and providing home inspection information and analysis for repair, restoration and renovation, all relating to building structures, roofs, other features of building structures, structural material and contents of buildings, and land and conditions in the nature of damage and need for repair or replacement, for use in building inspections, risk assessment, hazard assessment, reconstruction assessment, and to assist in insurance claims management and analysis; Providing information, imagery, and analysis in the field of repair and maintenance of computer vision software and hardware, and mobile remote sensing software and hardware related to  for manned and unmanned aerial vehicles; Providing a website featuring technology that enables users to engage in on-line discussions, which allow users to exchange information and research, provide and receive feedback, and engage in peer review, regarding research in the fields of technology, use of imagery, geospatial intelligence and analysis, manned and unmanned aerial vehicles and related technology in the nature of computer vision technology and mobile remote sensing technologies, insurance, real estate, building and construction, climate, environment, catastrophes, weather events and issues, surveillance, energy, natural resources, geopolitics, and agriculture; Providing a website featuring technology that enables users to engage in on-line discussions, for on-line collaboration in the fields of technology, use of imagery, geospatial intelligence and analysis, manned and unmanned aerial vehicles and related technology in the nature of computer vision technology and other remote sensing technologies, insurance, real estate, building and construction, climate, environment, catastrophes, weather events and issues, surveillance, energy, natural resources, geopolitics, and agriculture; Providing geographic information through the collection, manipulation, processing and formatting of images and geographic measurements of geographic locations, namely, cartography and mapping services featuring geophysical maps; Providing an interactive website featuring information, imagery, and analysis in the field of cartography, and geographical information systems; Providing information, imagery, and analysis in the field of cartography, and geographical information systems; Consulting and services related thereto in the nature of consultation in the fields of technology in the nature of remote sensing technologies, geospatial intelligence technologies and analysis in the nature of for mapping, environmental assessment technologies, and information technology for analysis of  in the nature of environmental analysis, climate, and weather events and issues; Obtaining information and providing information and analysis, namely, _____ [specify type of imaging service in this class, e.g., radio tomographic imaging services] in the field of images of building structures, roofs, other features of building structures, property, terrain, and structural material and contents of buildings and land and conditions in the nature of damage and need for repair or replacement, using remote sensing technologies; Obtaining and providing information and imagery on agriculture, namely, ___ [specify type of service in this class, e.g., agricultural research], to assist in insurance claims management and analysis, risk management and analysis, financial risk assessment, financial and investment analysis, and real estate valuation, and real estate risk management and analysis; Providing an interactive website featuring information, imagery, and analysis relating to agriculture in the field of ____ [specify subject in this class, e.g., soil nutrient and contamination testing]; Electronic monitoring and reporting of status and conditions, namely, vehicle driving history and performance, atmospheric and air quality measurements in buildings, security data, and connected home data, in residential and commercial buildings and in vehicles using computers or sensors; Obtaining and providing information from computers or sensors relating to the status and conditions in residential and commercial buildings and in vehicles, , namely, ___ [specify type of service in this class, e.g., electronic monitoring of HVAC to ensure proper functioning];  Providing information, imagery and analysis relating to [clarify “fraud detection” to specify service in this class, e.g., electronic monitoring of credit card activity to detect fraud] and providing an interactive website featuring information, imagery, and analysis relating to [clarify “fraud detection” to specify type of service in this class, e.g., electronic monitoring of credit card activity to detect fraud];  Providing notifications for retail businesses, namely, ___ [specify type of service in this class, e.g., electronic monitoring of credit card activity to detect potential fraud and theft] by retail employees, and customers;  Hosting an interactive website featuring technologies that allows users to send and receive notifications about information regarding theft of assets via electronic message alerts;  Providing information relating to merchant fraud detection, namely, information about electronic monitoring and analysis of merchant behavior to detect fraud; Security threat analysis, namely, computer security threat analysis for protecting data

 

International Class 44:  Providing an interactive website featuring information about agriculture, namely, pest control and crop cultivation

 

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.

 

Multiple Class Applications

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)       List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)       Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that are classified in at least six classes; however, applicant submitted a fee(s) sufficient for only one class(es).  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

Response Information

 

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.  

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

April Roach

/April Roach/

Trademark Examining Attorney

Law Office 115

(571) 272-1092

april.roach@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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 11/26/2018 FOR U.S. APPLICATION SERIAL NO. 87635367

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 11/26/2018 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.