To: | The MITRE Corporation (tm@skgf.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87686575 - LINKBIOMAN - 2272.2270000 |
Sent: | 1/24/2018 2:06:39 PM |
Sent As: | ECOM101@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87686575
MARK: LINKBIOMAN
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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: The MITRE Corporation
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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: 1/24/2018
Search for Conflicting 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).
Partial Requirement -- Identification of Goods
The identification for “Real-time alert and forensic analysis/search system utilizing video analytics, object detection, biometrics, machine learning, human language technology, and computational auditory perception to produce timely decision for spotting and alerting video surveillance operators of abnormal events in video feeds for safety and security threats” and “system to alert monitors of audio/video feeds of safety and security threats is indefinite and too broad and must be clarified because the wording does not make clear the nature and components of the specific systems and could identify goods in more than one international class. See 37 C.F.R. §2.32(a)(6); TMEP §1401.05(d). Applicant must clarify the goods by (1) describing the nature, purpose, or use of the system; and (2) listing the system’s parts or components, using common generic terms and referencing the primary parts or components of the system first. See 37 C.F.R. §2.32(a)(6); TMEP §§1401.05(d), 1402.01, 1402.03(a). Additionally, this wording should be classified in the same international class as the primary parts or components of the system. See TMEP §1401.05(d).
Applicant may substitute the following wording, if accurate:
“Real-time alert and forensic analysis/search system comprised of <specify components of system, e.g., computer hardware, computer software and video cameras> utilizing video analytics, object detection, biometrics, machine learning, human language technology, and computational auditory perception to produce timely decision for spotting and alerting video surveillance operators of abnormal events in video feeds for safety and security threats; system to alert monitors of audio/video feeds of safety and security threats comprised of <specify components of system, e.g., computer hardware, computer software and video cameras>; software for analyzing audio/video feeds for safety and security threats; software for analyzing audio/video feeds and for detecting and alerting monitors of audio/video feeds of safety and security threats; software for analyzing real-time surveillance feeds and for detecting and alerting monitors of surveillance feeds of safety and security threats; audio and video processing software for safety and security alerting purposes; software for analyzing, flagging, and alerting monitors of audio/video feeds of unusual activities to prevent or respond to safety and security threats; audio/video software for analyzing audio/video surveillance feeds to predict and/or prevent critical safety and security issues; software for analyzing audio/video surveillance feeds to detect and alert of safety and security concerns for use in combat theaters, for city planning purposes, to evidence fraudulent activities, detect abnormal behaviors in the crowd, and for other public and private safety-monitoring purposes; software for providing real-time alerts of safety and security threats; forensic analysis software in the fields of safety and security threats,” in International Class 9.
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). 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 at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
Partial Abandonment
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE GOODS SPECIFIED THEREIN.
“Real-time alert and forensic analysis/search system utilizing video analytics, object detection, biometrics, machine learning, human language technology, and computational auditory perception to produce timely decision for spotting and alerting video surveillance operators of abnormal events in video feeds for safety and security threats; system to alert monitors of audio/video feeds of safety and security threats.”
The application will then proceed with the following goods only:
“software for analyzing audio/video feeds for safety and security threats; software for analyzing audio/video feeds and for detecting and alerting monitors of audio/video feeds of safety and security threats; software for analyzing real-time surveillance feeds and for detecting and alerting monitors of surveillance feeds of safety and security threats; audio and video processing software for safety and security alerting purposes; software for analyzing, flagging, and alerting monitors of audio/video feeds of unusual activities to prevent or respond to safety and security threats; audio/video software for analyzing audio/video surveillance feeds to predict and/or prevent critical safety and security issues; software for analyzing audio/video surveillance feeds to detect and alert of safety and security concerns for use in combat theaters, for city planning purposes, to evidence fraudulent activities, detect abnormal behaviors in the crowd, and for other public and private safety-monitoring purposes; software for providing real-time alerts of safety and security threats; forensic analysis software in the fields of safety and security threats.”
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
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.
/Michael P. Keating/
Trademark Attorney
Law Office 101
571-272-9177
Michael.Keating@uspto.gov (informal inquiries only)
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.