To: | IoTecha Corp (pchinta@chintaperdomo.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87744187 - IOT.ON - 000180-01a |
Sent: | 5/23/2019 3:36:17 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. 87744187
MARK: IOT.ON
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CORRESPONDENT ADDRESS: CHINTA PERDOMO BERKS & FRATANGELO LLP |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: IoTecha Corp
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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: 5/23/2019
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.
This Office action is in response to applicant’s communication filed on 5/2/19.
In this case, the application originally identified the goods and/or services as follows:
Class 42
development of downloadable software in the nature of a mobile application for use in connection with electric vehicle charging and hybrid vehicle charging; cloud services for electric vehicle charging and hybrid vehicle charging
The “cloud services…” entry was not acceptable so the applicant’s 10/16/18 proposed amendment was:
Class 42
development of downloadable software in the nature of a mobile application for use in connection with electric vehicle charging and hybrid vehicle charging; provider of cloud-based services for electric vehicle charging and hybrid vehicle charging, including integration, configuration, monitoring, maintenance, troubleshooting, load management, analytics, software upgrades, and advertising
That proposed amended wording was not acceptable and the applicant’s 5/2/19 proposed amendment was:
Class 35
ad serving, namely placing advertisements on charging station display screens and related mobile applications for electric vehicles and hybrid vehicles using cloud-based software
Class 42
providing downloadable software in the nature of a mobile application for use in connection with electric vehicle charging and hybrid vehicle charging; providing access to and streaming of cloud-based software for electric vehicle charging and hybrid vehicle charging, monitoring, maintenance, troubleshooting, analytics, and remote software upgrades; electric load management relating to electric vehicle charging and hybrid vehicle charging
The entire proposed amendment is beyond the scope of the original identification.
The following would be acceptable, if accurate:
Class 42
development of downloadable software in the nature of a mobile application for use in connection with electric vehicle charging and hybrid vehicle charging; cloud services, namely, temporary use of non-downloadable cloud-based software for electric vehicle charging and hybrid vehicle charging
Please contact the undersigned with any additional questions.
/Samuel R. Paquin/
Examining Attorney
Law Office 101
(571) 272-2514
samuel.paquin@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.