Examiners Amendment

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

ISSUE/MAILING DATE: 5/29/2019

 

 

APPLICATION HAS BEEN AMENDED:  In accordance with the authorization granted by Eric Breitman on May 29, 2019, 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.

 

Identification of Goods and Services

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

 

Class 9:      (Based on Use in Commerce) (Based on 44(e)) Software for uploading, downloading and sharing digital images; Downloadable mobile applications for uploading, downloading and sharing digital images; Downloadable mobile applications for management of data; Downloadable applications for use with mobile devices for the uploading, downloading and sharing digital images; Downloadable mobile applications for the management of information; Downloadable mobile applications for the transmission of data; Downloadable mobile applications for the transmission of information; Downloadable mobile applications for use with wearable computer devices; Downloadable software and software applications for mobile devices for uploading, downloading and sharing digital images; Computer application software for mobile telephones, namely, software for uploading, downloading and sharing digital images; Downloadable digital photographs; Downloadable graphics for mobile phones; Downloadable screen savers for computers; Downloadable screen saver software for phones; Downloadable computer software for the transmission of data; Downloadable computer software for the management of information; Downloadable computer software for the management of data; Downloadable computer software for the transmission of information; Computer software platforms for uploading, downloading and sharing digital images; Community software for uploading, downloading and sharing digital images among users in an online community; Downloadable mobile application software for social networking services via internet

 

Class 16:    (Based on 44(e)) Paper and cardboard; Printed matter, namely, pamphlets, brochures, newsletters, journals, magazines in the field of photography; Decoration and art materials and media, namely, paper decorative garlands for parties, art pictures, posters, postcards; Paper, cardboard and plastic bags for packaging, and paper and cardboard boxes, cartons, and storage containers for packaging, wrapping and storage; Works of art and figurines of paper and cardboard, and architects' models; Bookbinding material; Photographs; Plastic materials for packaging, namely, plastic bags; Printing type; Printing blocks; Printed photographic reproductions; Photograph album pages; Digital printing paper; Printed advertisements consisting of printed advertising boards of cardboard and paper; Printed advertising boards of paper; Printed advertising boards of cardboard; Printed publications, namely, pamphlets, brochures, newsletters, journals, magazines in the field of photography; Adhesive corners for photographs; Photo storage boxes; Plastic pages with pockets for holding photographs; Photograph stands; Graphic drawings in the nature of graphic prints; Graphic painting reproductions; Graphic prints; Graphic representations; Graphic art reproductions; Art pictures; Printed art reproductions; Printed stationery

 

Class 35:    (Based on Use in Commerce) (Based on 44(e)) Business data management analysis, research and information services; Business assistance, management and administrative services; Advertising, marketing and promotional services; Commercial administration of the licensing of the goods and services of others; Provision of commercial information from online databases; Management and compilation of computerized databases; Business information services provided on-line from a computer database or the internet; Provision of commercial business information by means of a computer database; Internet marketing; Promoting the designs of others by means of providing online portfolios via a website; Promoting the artwork of others by means of providing online portfolios via a website; Compilation of information into computer databases; Collection and systematization of information into computer databases; Updating and maintenance of data in computer databases; Commercial information services provided via a computer database; Online ordering services featuring digital image files and graphic prints; Rental of advertising space on-line; Provision of an on-line marketplace for buyers and sellers of goods and services; Online retail store services featuring downloadable and pre-recorded music and movies; Administration of cultural and educational exchange programs; Advertising services provided via a data base; Database marketing; Provision of computerized advertising services; Rental of advertising space on the internet; Retail store services featuring downloadable electronic publications; Online retail store services featuring downloadable ring tones; Online retail store services for downloadable digital music; Administrative data processing; Sales promotion for others

 

Class 38:    (Based on Use in Commerce) (Based on 44(e)) Telecommunication services, namely, transmission of data, audio, visual images, and documents via telecommunications networks; Computer communication in the nature of communication via computer terminals and by providing Internet access; Provision of access to databases featuring original content, websites and portals in the nature of electronic sites; Providing access to electronic sites featuring weblogs; Providing access to databases; Provision of access to web pages; Providing access to Internet chatrooms; Providing access to Internet forums; Providing user access to computer software platforms on the Internet

 

Class 41:    (Based on Use in Commerce) (Based on 44(e)) Education and entertainment services, namely, classes in the field of photography, conducting contests in the field of photography; Publishing and reporting, namely, magazine publishing, book publishing, publishing of electronic publications, photographic reporting, editorial reporting, news reporting services; Audio, video and multimedia production, and photography; Publication of electronic publications that can be accessed from databases or from the internet; Entertainment services provided on-line from a computer database or the internet, namely, providing online non-downloadable stock photographs, stock videos in the field of landscape backgrounds, industrial and business activities, and education, and stock prerecorded music; Online library services, namely, providing electronic library services which feature newspapers, magazines, photographs and pictures via an on-line computer network; Education and instruction services, namely, providing classes, workshops and seminars in the field of photography; Publishing services including electronic publishing services, namely, magazine publishing, book publishing, publishing publishing of electronic publications; Provision of training courses in the field of photography; Organisation of training in the field of photography; Provision of audio and visual media via communications networks, namely, providing a website featuring non-downloadable audio recordings and videos in the field of photography and entrepreneurship, providing a continuing audio-video program about photography accessible by means of computer communications networks; Organisation of educational conferences, exhibitions for entertainment purposes and competitions in the field of entertainment, education and culture

 

Class 42:    [unchanged]  (Based on Use in Commerce) (Based on 44(e)) IT consulting and integration services; Testing, authentication and quality control, namely, testing of computers, testing and quality control of computer programs, quality control of digital photographs, quality control of goods and services; Computer program design services; Website hosting services and software as a service featuring software for uploading and downloading digital photographs; Hosting of digital content on the Internet; Providing temporary use of non-downloadable software applications for uploading and downloading digital photographs accessible via a web site; Electronic storage of photographs; Hosting platforms on the Internet for storing and sharing digital photographs; Hosting a website for the electronic storage of digital photographs and videos; Electronic storage of digital photographs; Operating search engines for the internet, obtaining photographs on a global computer network; Providing search engines for obtaining data via communications networks

 

Class 45:    [unchanged]  (Based on Use in Commerce) (Based on 44(e)) Legal services; Licensing of intellectual property; Copyright licensing; Licensing authority services in the nature of legal administration of licenses; Licensing of rights relating to the use of photographs; On-line social networking services; Exploitation of industrial property rights and copyright by licensing; Licensing of printed matter; Licensing of computer software; Legal administration of licenses; Licensing of databases; Advisory services relating to intellectual property licensing; Licensing of rights relating to video productions; Licensing of rights relating to audio productions; Dating services provided through social networking; Online social networking services accessible by means of downloadable mobile applications

 

See TMEP §§1402.01, 1402.01(e).

 

 

/Andrea B. Cornwell/

Examining Attorney

Law Office 115

(571) 272-4608

andrea.cornwell@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.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 Trademark Electronic Application System (TEAS) form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.

 

 

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 5/29/2019 FOR U.S. APPLICATION SERIAL NO.88026411

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.gov.uspto.report/, 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)  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

 

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.