UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 7/27/2018

 

 

DATABASE SEARCH:  The trademark examining attorney has searched the USPTO’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).

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Christine Au-Yeung on July 27, 2018, the trademark examining attorney has amended the application as indicated below.  Please advise the undersigned immediately of any objections.  Otherwise, no response is necessary.  TMEP §707.  Any amendments to the identification of goods and/or services may clarify or limit the goods and/or services, but may not add to or broaden the scope of the goods and/or services.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq.

 

1. IDENTIFICATION OF GOODS AND/OR SERVICES – (Class 41)

 

The identification of goods and services is amended to read as follows: 

 

In International Class 9 (acceptable as worded):  “Computer software for accessing audio and video files featuring education materials and courses in the field of a wide variety of topics and subjects such as math, science, humanities, and economics”

 

In International Class 41:  “Educational services, namely, providing courses, instruction, lectures, classes, educational exercises and test preparation in the fields of math, science, humanities, economics and other academic subjects, offered through a website featuring online non-downloadable videos and online instructor assistance”

 

In International Class 42 (acceptable as worded):  “Providing temporary use of online non-downloadable software for viewing and accessing audio and video files featuring education materials and courses in the field of a wide variety of topics and subjects such as math, science, humanities, and economics”

 

See TMEP §§1402.01, 1402.01(e).

 

2. MARK DESCRIPTION

 

The following description of the mark replaces the current description of record:

 

            The mark consists of a flower design, featuring a flower over two leaves, centrally placed within a hexagon.

 

See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.

 

 

 

/Robert Andrew Cohen/

Trademark Examining Attorney

Law Office 103

(571) 270-1389

robert.cohen@uspto.gov

 

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.uspto.gov/.  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.uspto.gov/trademarks/process/status/.

 

TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS:  Use the Trademark Electronic Application System (TEAS) form at http://www.uspto.gov/trademarks/teas/correspondence.jsp.

 

----------------------------------------------------------------------------------------------------------------------

 

From:  Au-Yeung, Christine <cauyeung@wsgr.com>

Sent:    Friday, July 27, 2018 4:15 PM

To:      Cohen, Robert

Cc:      Trademarks; Manjorin, Samantha

Subject:           Re: OFFICIAL USPTO COMMUNICATION, Trademark Application Serial No.:

87867687, (flower and hexagon design mark)

 

Dear Robert:

 

Thank you for your email.

 

Your proposed amendments are acceptable.  Please proceed.

 

Best,

Christine

 

On Jul 28, 2018, at 12:09 AM, Cohen, Robert <Robert.Cohen@USPTO.GOV> wrote:

Ms. Au-Yeung,

 

I have been assigned by the USPTO to review Khan Academy’s trademark application for

a flower on hexagon design mark, (Serial No.: 87867687 / your docket no.: 40984-

TM1008).  Below, please find the following proposals to place the application in

condition for approval for publication:

 

1.         IDENTIFICATION OF SERVICES – (Class 41)

 

The wording is indefinite and must be clarified as it fails to affirmatively state the

subject matter of the courses, rather the language employs the term “such as” which is

open-ended.  The wording must also be clarified to state that an education service is

being provided and whether the instructor assistance is performed online.

 

The identification of goods and services for Classes 9 and 42 are acceptable.  The

following wording for Class 41 may be adopted, if accurate:

 

“Educational services, namely, providing courses, instruction, lectures, classes,

educational exercises and test preparation in the fields of math, science, humanities,

economics and other academic subjects, offered through a website featuring online

non-downloadable videos and online instructor assistance”

 

2.         MARK DESCRIPTION

 

The mark description references color but the application contains no color claim and

the present mark description also does not describe all aspects of the mark in the

drawing.  If color is not being claimed, the following description is suggested:

 

The mark consists of a flower design, featuring a flower over two leaves, centrally

placed within a hexagon.

 

 

If the proposed Class 41 wording and the proposed mark description are acceptable,

kindly reply by email or phone indicating as such on or before the end of the day on

Tuesday, July 31, 2018 and the changes may be entered by Examiner’s amendment.  If

no reply is received, an Office action will have to issue.  If your client requires additional

time to consider these proposals, I am happy to issue a Priority action upon request.

 

If you have any questions, please do not hesitate to ask.

 

Sincerely,

 

 

-Robert Cohen

 

 

 

 

Robert Cohen

Trademark Examining Attorney

United States Patent & Trademark Office

Law Office 103

(571) 270-1389

robert.cohen@uspto.gov

 

<image001.png>

 

 

This email and any attachments thereto may contain private, confidential, and privileged material

for the sole use of the intended recipient.  Any review, copying, or distribution of this email (or

any attachments thereto) by others is strictly prohibited.  If you are not the intended recipient,

please contact the sender immediately and permanently delete the original and any copies of this

email and any attachments thereto.