Offc Action Outgoing

SNAP

Snap Inc.

U.S. TRADEMARK APPLICATION NO. 87673599 - SNAP - 1066995

To: Snap Inc. (tmadmin@kilpatricktownsend.com)
Subject: U.S. TRADEMARK APPLICATION NO. 87673599 - SNAP - 1066995
Sent: 12/14/2017 3:42:43 PM
Sent As: ECOM110@USPTO.GOV
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UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

U.S. APPLICATION SERIAL NO.  87673599

 

MARK: SNAP

 

 

        

*87673599*

CORRESPONDENT ADDRESS:

       JENNIFER D. ARKOWITZ

       KILPATRICK TOWNSEND & STOCKTON LLP

       MAILSTOP: IP DOCKETING-22

       1100 PEACHTREE ST., SUITE 2800

       ATLANTA, GA 30309

 

CLICK HERE TO RESPOND TO THIS LETTER:

http://www.gov.uspto.report/trademarks/teas/response_forms.jsp

 

VIEW YOUR APPLICATION FILE

 

APPLICANT: Snap Inc.

 

 

 

CORRESPONDENT’S REFERENCE/DOCKET NO:  

       1066995

CORRESPONDENT E-MAIL ADDRESS: 

       tmadmin@kilpatricktownsend.com

 

 

 

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: 12/14/2017

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

Issues to be Addressed

1.    Prior Pending Applications Found – Serial Nos. 86866704, 86757088, 86927349 and 87189463

2.    Identification of Goods Requirement

 

Search Results – Prior Pending Applications Found

 

The filing dates of pending U.S. Application Serial Nos. 86866704, 86757088, 86927349 and 87189463 precede applicant’s filing date.  See attached referenced applications.  If one or more of the marks in the referenced applications register, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion with the registered mark(s).  See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq.  Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced applications.

 

In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the marks in the referenced applications.  Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.

 

 

Applicant must satisfy/address the following Identification of Goods Requirement:

 

Identification of Goods Requirement

 

The goods identified as “custom integrated platform solutions” are indefinite and must be clarified to further indicate the purpose/function of the goods.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

Applicant may substitute the following wording, if accurate: 

 

 

Peripherals; computer hardware, peripherals and software for remotely accessing, capturing, transmitting and displaying pictures, video, audio and data; software for setting up, configuring, and controlling wearable computer hardware and peripherals; computer software for taking, capturing, managing, processing, operating, viewing, storing, editing, arranging, combining, sharing, manipulating, modifying, commenting on, transmitting and displaying spherical and panoramic photo and video content; custom integrated platform solutions, namely, ___{further describe and detail the function / purpose of the “platform solutions” by common commercial name}; computer software and software applications for use in uploading, downloading, capturing, editing, storing, accessing, posting, displaying, tagging, distributing, streaming, linking, sharing, transmitting or otherwise providing photos, videos, images, text, electronic media, photographic and video content, digital data, or information via the internet, communication networks, mobile phones and mobile devices; software for viewing, editing, enhancing, and modifying digital photos, videos, and images; computer software which allows users to build and manage social network information including address books, friend lists, profiles, preferences and personal data; downloadable multimedia files containing digital photos, video, audio, and other digital data; downloadable computer software application which allows users to create avatars, graphic icons, symbols, graphical depictions of people, places and things, fanciful designs, comics and phrases that can be posted, shared and transmitted via multi-media messaging (MMS), text messaging (SMS), email, online chatrooms, the internet, and other communication networks; computer software application for creating digital animation, video games, television shows and movies with user created avatars, graphic icons, symbols, graphical depictions of people, places and things, fanciful designs, comics, and phrases; computer software development tools for social networking, building social networking applications and for allowing data retrieval, upload, access and management; video and electronic game software; computer application software for processing electronic payments and transferring funds to and from others; computer software, namely, an electronic financial platform that accommodates both payment and receipt of payment transactions in an integrated mobile phone, mobile device, and web based environment; computer software for generating computer generated codes and quick response codes; computer authentication software for controlling access to and communications with computers and computer networks.

 

 

 

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.

 

Identifications of goods can be amended only to clarify or limit the goods; adding to or broadening the scope of the goods is not permitted.  37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07.  Therefore, applicant may not amend the identification to include goods that are not within the scope of the goods set forth in the present identification.

 

 

 

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.  

 

 

/Thomas M. Manor/

Trademark Examining Attorney

Law Office 110

Phone: (571) 270-1519

Fax. No. (571) 273-1519

Thomas.Manor@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.

 

 

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U.S. TRADEMARK APPLICATION NO. 87673599 - SNAP - 1066995

To: Snap Inc. (tmadmin@kilpatricktownsend.com)
Subject: U.S. TRADEMARK APPLICATION NO. 87673599 - SNAP - 1066995
Sent: 12/14/2017 3:42:45 PM
Sent As: ECOM110@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 12/14/2017 FOR U.S. APPLICATION SERIAL NO. 87673599

 

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 12/14/2017 (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.

 

 


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