To: | Dombox, Inc. (giridharanbtech@gmail.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88019775 - PORTAL - N/A |
Sent: | 10/25/2018 12:55:31 PM |
Sent As: | ECOM120@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88019775
MARK: PORTAL
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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: Dombox, 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: 10/25/2018
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.
SEARCH OF OFFICE’S DATABASE OF 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).
Significance of the Mark Inquiry
To permit proper examination of the application, applicant must provide the following information:
(1) Explain whether the wording in the mark “PORTAL” has any meaning or significance in the industry in which the services are provided, or if such wording is a term of art within applicant’s industry.
(2) Respond to the following questions: ·
Do applicant’s services utilize or facilitate the use of a portal?
Are applicant’s services a portal?
Is a portal related to applicant’s services, and if so how?
See 37 C.F.R. §§2.32(a)(9)-(a)(10), 2.61(b); TMEP §§809-809.03, 814.
Failure to comply with a request for information is grounds for refusing registration. In re Harley , 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814.
Amendment to Identification of Goods and/or Services Required
Applicant must clarify the following indicated language for reasons stated below. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.
The wording “Authentication, Authorization and Identification services, namely allowing users to share information about their accounts with third party applications or websites” is indefinite and must be clarified because it unclear as to how the service is provided. For example, Authentication, Authorization and Identification services, namely allowing users to share information about their accounts with third party applications or websites in the nature of software as a service (SAAS) services, namely, hosting software for use by others for use in sharing information is classified in class 42.
The wording, “contract-based authentication services” is indefinite and must be clarified because it is unclear as to how the services are provided and what actual service is. For example, contract-based authentication services in the nature of providing user authentication services using single sign-on technology for e-commerce transactions is an acceptable identification of services in class 42.
The wording, “authorization of third party applications or websites to access users data without exposing their password” is indefinite and overly broad because it is unclear as to how the good or service is provided and could identify goods and/or services in multiple classes. For example, providing downloadable computer software for authorizing third party applications or websites to access users data without exposing their password is classified in class 9, while providing software as a service services featuring software for authorizing third party applications or websites to access users data without exposing their password is in class 42.
Applicant may substitute the following wording, if accurate:
Class 9:
providing downloadable computer software for authorizing third party applications or websites to access users data without exposing their password
Class 42:
Authentication, Authorization and Identification services, namely allowing users to share information about their accounts with third party applications or websites in the nature of software as a service (SAAS) services, namely, hosting software for use by others for use in sharing information; contract-based authentication services in the nature of providing user authentication services using single sign-on technology for e-commerce transactions; providing software as a service services featuring software for authorizing third party applications or websites to access users data without exposing their password
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.
Multi-Class Application Requirements
(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 at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es). Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already 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.
Response Guidelines
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.
Information for Questions Regarding this Office Action
/Grace Duffin/
Trademark Examining Attorney
Law Office 120
571-270-7069
Grace.Duffin@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.