To: | Delta Air Lines, Inc. (mlaip@dentons.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 87890394 - AMPLIFLY - 15008818-110 |
Sent: | 7/25/2018 4:41:55 PM |
Sent As: | ECOM116@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 87890394
MARK: AMPLIFLY
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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: Delta Air Lines, 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: 7/25/2018
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.
SEARCH RESULTS
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).
IDENTIFICATION OF GOODS AND SERVICES
The identification of services currently reads:
IC 009: Computer software for use in air charter services; Computer software for use in airplane chartering; Computer software for use in travel route planning; Computer software for use in flight planning services; Computer software for use in chartering of private jets; Computer software for use in transportation reservation services; Computer software for use in coordinating travel arrangements for individuals and for groups; Downloadable software in the nature of a mobile application for use in air charter services; Downloadable software in the nature of a mobile application for use in airplane chartering; Downloadable software in the nature of a mobile application for use in travel route planning; Downloadable software in the nature of a mobile application for use in flight planning services; Downloadable software in the nature of a mobile application for use in chartering of private jets; Downloadable software in the nature of a mobile application for use in transportation reservation services; Downloadable software in the nature of a mobile application for use in coordinating travel arrangements for individuals and for groups
IC 042: Software as a service (SAAS) services featuring software for use in air charter services; Software as a service (SAAS) services featuring software for use in airplane chartering; Software as a service (SAAS) services featuring software for use in travel route planning; Software as a service (SAAS) services featuring software for use in flight planning services; Software as a service (SAAS) services featuring software for use in chartering of private jets; Software as a service (SAAS) services featuring software for use in transportation reservation services; Software as a service (SAAS) services featuring software for use in coordinating travel arrangements for individuals and for groups
The italicized wording above in the identification of goods is unacceptable and must be clarified because some of the wording is indefinite. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. The indefinite wording is too vague to describe the specific function of the software relating to the air charter services, the airplane chartering, the chartering of private jets, and the transportation reservation services. The applicant must list the specific functions the software is used for in these fields. The highlighted changes in the suggested identification of goods and services below show the indefinite phrases modified with wording that describes a specific function of the software.
SUGGESTED IDENTIFICATION OF GOODS AND SERVICES
The applicant may amend to the following, if accurate:
IC 009: Computer software for use in scheduling air charter services; Computer software for use in scheduling airplane chartering; Computer software for use in travel route planning; Computer software for use in flight planning services; Computer software for use in scheduling chartering of private jets; Computer software for use in scheduling transportation reservations; Computer software for use in coordinating travel arrangements for individuals and for groups; Downloadable software in the nature of a mobile application for use in scheduling air charter services; Downloadable software in the nature of a mobile application for use in scheduling airplane chartering; Downloadable software in the nature of a mobile application for use in travel route planning; Downloadable software in the nature of a mobile application for use in flight planning services; Downloadable software in the nature of a mobile application for use in scheduling chartering of private jets; Downloadable software in the nature of a mobile application for use in scheduling transportation reservations; Downloadable software in the nature of a mobile application for use in coordinating travel arrangements for individuals and for groups
IC 042: Software as a service (SAAS) services featuring software for use in scheduling air charter services; Software as a service (SAAS) services featuring software for use in scheduling airplane chartering; Software as a service (SAAS) services featuring software for use in travel route planning; Software as a service (SAAS) services featuring software for use in flight planning services; Software as a service (SAAS) services featuring software for use in scheduling chartering of private jets; Software as a service (SAAS) services featuring software for use in scheduling transportation reservations; Software as a service (SAAS) services featuring software for use in coordinating travel arrangements for individuals and for groups
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.
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 two classes. The applicant submitted fees sufficient for two classes. Therefore, all filing fees have been 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.
/Ellen Awrich/
Trademark Examining Attorney
Law Office 116
571-272-9123
ellen.awrich@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.