To: | Deutsche Telekom AG (tmdocket@arentfox.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88030298 - T-MOBILE - 037496 |
Sent: | 3/22/2019 12:12:10 PM |
Sent As: | ECOM103@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88030298
MARK: T-MOBILE
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CORRESPONDENT ADDRESS: |
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/trademarks/index.jsp
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APPLICANT: Deutsche Telekom AG
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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EXAMINER’S AMENDMENT
ISSUE/MAILING DATE: 3/22/2019
APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Ross Panko, attorney for applicant, on March 22, 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 services may clarify or limit the goods and services, but may not add to or broaden the scope of the goods and 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: Scientific, nautical, surveying, photographic,
cinematographic, optical, weighing, measuring, signaling, checking supervision, life-saving and teaching apparatus and instruments, namely, apparatus for producing sound, images or data, namely,
radios, televisions, computers, cameras, telephones and telephone systems comprising computer hardware, smart phones and PC tablets; apparatus for the recording, transmission, processing and
reproduction of sound, images or data; electro-technical components, namely, electro-technical vibration meters; electro-technical equipment, apparatus and instruments, namely, telecommunications
equipment in the nature of computer hardware for receiving, processing, transmitting and displaying data, and information technology equipment
in the nature of computer hardware and software, and motor vehicle automation equipment, namely, computer software for operating and controlling
cruise controls for motor vehicles, navigation apparatus for vehicles in the nature of on-board computers, navigational instruments for vehicles, computer software and sensors for monitoring and
recording vehicle wear and fuel efficiency, electronic sensors for anti-theft automotive alarms, remote control transmitters and receivers for remotely operating land vehicles, remote control
starters for vehicles, simulators for driving or the control of vehicles, sound equalizers and temperature control systems, namely, climate control systems consisting of digital thermostats for
cooling equipment, and a programmable logic controller (PLC) with input and output features for temperature and humidity, which works with a remote digital read out controller; automation equipment
for buildings, namely, wireless remotes for monitoring temperature and humidity in buildings, wireless and wired controllers, controlled devices, and software for appliances, lighting, HVAC, security
and other home and office electrical power monitoring and control applications; security systems automation equipment, namely, building security systems comprising software and hardware for providing
picture, video, alarm status, building plans, and other information to a remote station; software for monitoring and controlling home appliances, lighting, thermostats, heating, cooling, ventilation,
security and electrical power use; blank magnetic data carriers; mechanisms for coin operated apparatus; calculating machines, data processing apparatus, computers; blank optical data carriers;
prerecorded magnetic and optical data carriers featuring operating software for use with telecommunication computers, household automation systems, and information technology computers; prerecorded
magnetic data carriers featuring data and information in the nature of, music, video featuring musical performances and audio featuring musical
performances; digital recording media, namely, CDs, DVDs, laser discs, video tapes, audio tapes, diskettes, computer disks, optical disks, optical recording disks, smart cards, magnetic data
carriers, optical data carriers, USB devices and Solid State Drives featuring music, videos in the field of comedy and music videos, audio in the field of music, podcasts in the field of current
events, images, text in the nature of e-books, e-zines and blogs in the field of current events, and metadata; computer operating programs; computer programs, recorded, for telecommunications,
automation systems, and information technology for home, office and vehicle automation, namely, for controlling lighting systems, heating and cooling systems, security systems, home appliances and
electronic devices; computer software for operating and controlling building security systems and building access, computer software for operating and controlling home and office electrical power
systems comprising wireless and wired controllers; video recording software; computer software for monitoring and recording patient vital signs and responding to emergencies; computer software for
operating and controlling wireless controllers to remotely monitor and control the function and status of other electrical, electronic, and mechanical devices or systems, namely, thermostats and
lighting systems; computer software for remotely monitoring environmental conditions and controlling devices within a building, facility grounds, or designated spatial area; computer software,
namely, computer programs for the transmission, reproduction, receiving, accessing, searching, indexing and retrieving of games, images, music, sounds, text, movies, video and animations in the field
of general entertainment and data, for general database management, for the management operation and testing of wireless communication devices, for enabling and securing electronic transactions;
computer software for operating cloud computing based applications; computer software for mobile data communication; computer software for controlling the operation and execution of other computer
programs and networks; computer software for connecting disparate computer systems, servers and storage devices; computer programs for accessing a global computer network and interactive computer
communications network; computer application software for management of data and electronic media transmission services via online global and local computer networks, for management of electronic
storage of file and document data across computer networks, for hosting and integrating web content and software applications for delivery from content delivery networks, for replication of content
and data across computer networks, for computer network management, namely, global traffic management, for website traffic monitoring analysis and reporting, for digital rights management services to
protect data and electronic media, for digital rights management services to manage compliance with licenses and restrictions, for data transmission optimization, for managing the download of
computer software to third party users, for obtaining and analyzing information about end-users for security of data transmission; downloadable computer software and software for media content
delivery; software for enabling, facilitating, improving and accelerating content delivery and computer network traffic management; downloadable software in the nature of mobile applications for
displaying online information; downloadable computer software for downloading and accessing electronically stored data; downloadable computer game programs via a global computer network and wireless
devices; downloadable electronically recorded data files featuring video recording software computer game programs; downloadable electronic publications in the nature of periodicals, newsletters,
magazines, advertisements, reports, marketing materials in the form of brochures and pamphlets in the field of telecommunications, home and office connectivity solutions, automation systems,
computing and data storage, processing and data security and information technology; electronic components for motor vehicles, namely, stereos, speakers, amplifiers, batteries, electric locks,
electric display panels, navigation systems, capacitors, connectors, filters, oscillators, relays, switches, transformers, resistors, semiconductors, integrated circuits, rectifiers, and transistors;
audio equipment for vehicles, namely, stereos, speakers, amplifiers and equalizers; apparatus for accessing the internet and telecommunications systems, namely, computers, mobile and cellular phones,
PC tablets, computer network routers, switches, and hubs, network servers, and computer hardware, namely, serial ports, firewalls, and modems;
computer software for medical apparatus and instruments, namely, computer software for analyzing patient data, patient vital signs, patient diagnosis, and patient treatment; software for streaming
audiovisual and multimedia content via the internet and global communications networks; software for streaming audiovisual and multimedia content to mobile digital electronic devices; software for
searching, organizing, and recommending multimedia content; computer software, namely, software development tools for creating software and mobile applications; hardware for streaming audiovisual and
multimedia content via the internet and global communications networks, namely, digital media streaming devices, digital video recorders, DVD and high definition video disc players, home theater
systems comprised of audio and video receivers and high definition video disc players; televisions, television set-top boxes, dongles being wireless network adaptors, and dongles
being computer hardware for preventing the unauthorized copying or use of computer software, and broadband wireless network adapters; multichannel video programming
distribution devices, namely, distribution amplifiers for audio and video signals, and transmitters for video signals for transmission over twisted
pair cables and applications, namely, downloadable computer and mobile device software applications for programming mobile phones to record movies,
and for streamlining movies to mobile phones
Class 35: Advertising services; merchandising services, namely, product
merchandising for others, and sales promotion for others; sponsorship in the form of advertising, namely, sponsorship search;
special event planning for commercial or advertising purposes; arranging and conducting special events for commercial or advertising purposes; organization of exhibitions and events for commercial or
advertising purposes; business management; business administration; providing office functions; commercial business management and commercial corporate business management for third parties in
particular in the areas of energy, gas, and water; collection, systematization, compilation and analysis of business data and information stored in computer data bases; retail
store services and online retail store services featuring machines for the household and commercial sector, namely, washing machines and dishwashers, washers for the industrial and the household
sector, namely, washing machines and dishwashers, electric kitchen machines, electric cleaning apparatus for household purposes, scientific, nautical, surveying, photographic, cinematographic,
optical, weighing, measuring, signaling, checking, life-saving, and teaching apparatus and instruments, apparatus and instruments for conducting, switching,
transforming, accumulating, regulating and controlling electricity, apparatus for the recording, the transmission, the processing and the reproduction of sound, images or data, electro-technical
components, namely, telecommunications equipment and information technology equipment, electro-technical equipment, namely, telecommunications equipment and information technology equipment,
apparatus and instruments, namely, telecommunications equipment and information technology equipment, motor vehicle automation equipment, automation equipment for buildings, security systems
automation equipment, software for monitoring and controlling appliances, electric equipment, apparatus and instruments for the transmitting of commands, magnetic data carriers, mechanisms for coin
operated apparatus, calculating machines, data processing equipment, computers, recorded and unrecorded data carriers, CDs, DVDs and digital recorded media, namely, floppy disks, pre-recorded USB
flash drives, recorded computer programs, computer software, including downloadable computer game programs, downloadable electronic publications, electronic components for motor vehicles, computer
software for medical apparatus and instruments, medical apparatus and instruments for patient monitoring and displaying patient's vital signs, orthopedic articles, apparatus for use in medical
analysis for patient monitoring and displaying patient's vital signs, medical apparatus and instruments for patient monitoring and displaying patient's vital signs, medical measuring apparatus and
parts thereof, apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating and water supply, motor vehicles and parts thereof, printed matter, photographs, office
requisites except furniture, instructional and teaching material except apparatus, games, including video games, apparatus for games, software for streaming audiovisual and multimedia content via the
internet and global communications networks, software for streaming audiovisual and multimedia content to mobile digital electronic devices, software for searching, organizing, and recommending
multimedia content, computer software, namely, software development tools for creating software and mobile applications, hardware for streaming audiovisual and multimedia content via the internet and
global communications networks, namely, digital media streaming devices, digital video recorders, DVD and high definition video disc players, home theater systems comprised of audio and video
receivers and disc players, televisions, television set-top boxes, dongles being wireless network adaptors, computer hardware for preventing the unauthorized copying or use of computer software and
broadband wireless adapters, multichannel video programming distribution devices and applications; services provided by an e-commerce operator, namely, electronic processing of orders for others,
administrative processing of delivery orders and accountancy for electronic ordering systems; accountancy; providing office functions; sponsorship search
Class 37: Technical support concerning the use of communication equipment, namely, technical advice on the repair and installation of telecommunications equipment
Class 38: Telecommunication services, namely, transmission of voice,
audio, visual images and data by telecommunications networks, wireless communication networks, the internet, information services networks and data networks; providing telecommunication connectivity
services for transfer of images, messages, audio, visual, audiovisual and multimedia works; providing electronic telecommunication connections and network connectivity services, namely, providing
telecommunications connections to a global computer network; transfer of data by telecommunications; telecommunication services, namely, electronic transmission of data and documents via computer
terminals; providing multiple users with access to a global computer network; providing multiple-user access to interactive databases via web sites on a global computer network; providing
multiple-user access to global computer information networks for the transfer and dissemination of a wide range of information in the nature of data, communications, content, goods and services via a
global network and wireless communication apparatus; providing multiple-user access to global information networks for the transfer and dissemination of a wide range of information; teleconferencing
services and conferencing on the internet; providing access to telecommunication networks; transmission of voice, data, graphic, sound and video by means of broadband power line or wireless networks;
consulting in the field of telecommunication services; consulting in the field of telecommunication services, namely, consulting on transmission of voice, data, documents and multimedia items via
telecommunications networks in the areas of transportation connectivity, automation, security and energy efficiency; telecommunications consultation services in the fields of telecommunications
automation equipment for home, work, and travel; provision of private and secure electronic communication in real time within a computer network; telecommunications, namely, personal communication
services; business telecommunications, namely, providing long distance telephone services, local telephone services and transmission of voice by wireless networks; providing online chat rooms for
social networking; providing access to searchable databases for the transmission of news and information between internet users; telecommunication services, namely, electric, digital, cellular and
wireless transmission of voice, data, information, images, signals, and messages and transmission of voice, data, images, audio, video and information via telephone, television, computers, computer
terminals and global communication networks; providing telecommunications connections to a global communications network; electronic mail, voice mail and messaging services, namely, the recording and
storage and subsequent transmission of voice messages by telephone; audio and video teleconferencing; paging services; electronic transmission of email; transmission and broadcast of audio and video
programming by satellite; providing access to computer information telecommunication networks; providing electronic telecommunications connections to the internet and computerized communications,
data and wireless networks; high-speed access services and wireless access services to the internet; telecommunications consultation in the field of data, voice and video communications networks;
video and audio teleconferencing via the internet;, asynchronous transfer mode (ATM) services, namely, the transmission of information by electronic
communications networks; integrated service digital network (ISDN) services; voice over internet protocol (VOIP) communications services; virtual private network (VPN) services; private line
services, namely, providing private and secure electronic communications over a private or public computer network; providing telecommunications gateway services for data transfer; electronic data
transmission packet services; worldwide switched voice, data, video and multimedia transmission services; providing online facsimile transmission services; telecommunications services, namely,
providing a gateway for connecting between independent telecommunications and computer networks for sharing of internet traffic; voice mail services; telecommunications services, namely, providing
toll free telephone numbers and call routing services in the nature of call forwarding services; messaging center services in the nature of telephone voice messaging services; video, audio and data
telephone conferencing services; wireless telecommunications services, namely, the wireless transmission of voice and data; telecommunications services, namely, providing voice over internet protocol
services, providing network access point services for the exchange of internet traffic among internet traffic carriers; electronic messaging services; providing a high speed access to area networks
and a global computer information network; transfer of data by telecommunication; telecommunication access services; telephone telecommunications services provided via prepaid telephone calling
cards; telecommunication services, namely, providing advanced calling features, namely, providing the ability to record voice memos after a telephone call by leaving a message that will be recorded
separately and saved online as a file which can then be emailed, shared or kept private based on the user settings; telecommunication services in the nature of providing telephone services with
various telephone features, namely, a dedicated toll-free number, voicemail, multiple mailbox extensions, telephone message notification, fax capabilities, detailed call reports, call waiting, call
identification, call forwarding, and message waiting; telecommunication services, namely, providing electronic message alerts via the internet notifying individuals of a changed status or condition
of a sensing device in a security system; telecommunication services, namely, providing e-mail notification alerts via the internet notifying vehicle owners of timing of vehicle maintenance;
telecommunication services, namely, providing internet access via broadband optical or wireless networks; telecommunication services, namely, providing access to pictures, video, alarm status,
building plans and other building and security information at a remote station; news agency services for electronic transmission; press agency services, namely, the transmission of news items and
other data to news reporting organizations and news agency services for electronic transmission; rental of telecommunications equipment; providing information on telecommunications;
telecommunications services, namely, electric, digital, cellular and wireless transmission of voice, data, information, images, signals, messages and transmission of voice, data, images, audio, video
and information via telephone, television and global communication networks to allow users to enable value-added services in the use of fixed or mobile networks in the nature of search services or
information services; telecommunications consultation services for others in the field of telecommunications automation systems and equipment used in the areas of home automation, workplace
connectivity and integration, travel, transport and logistic solutions, public sector solutions, energy efficiency solutions, multimedia distribution, health solutions, security systems, application
performance management, consulting services, installation services, data hosting services, network connectivity services, and network performance enhancement services, application operations and
management services, web, social and mobility enabling services, and data management services; broadcasting, streaming, transmission and delivery of audio-visual and multimedia content in the fields
of news, entertainment, sports, comedy, drama, music, and music videos via a global computer network; webcasting services; providing Internet access for users to access online forums for transmission
of messages and transmission of blogs over the Internet; providing online electronic bulletin boards for transmission of messages among users in the field of general interest; web messaging services;
video-on-demand transmission services; providing online forums for transmission of messages featuring current event reporting, entertainment, sports, comedy, drama, music, and
music videos; Internet protocol television (IPTV) transmission services; wireline telecommunications, namely, transmission of voice and data by means of telephone lines; telecommunications services,
namely, providing broadband voice and data services by means of telephone lines, and broadband optical or wireless networks;
providing information about broadband voice and data services; video services, namely, transmission of multichannel video programs via cable television, wireless communication networks, and the Internet
Class 41: Education, namely, providing classes and seminars in the fields
of telecommunications, automation systems, and information technology; providing of training in the fields of telecommunications, automation systems, and information technology; entertainment,
namely, providing live musical, variety, news, and comedy performances via global telecommunications networks; entertainment services, namely, providing information to mobile telecommunications
devices in the fields of entertainment news, entertainment, movies, television, music, sports, celebrity personalities, current events and social commentary on entertainment; ticket agency services
for entertainment events; information about entertainment and entertainment events provided via online networks and internet; organizing community sporting and cultural activities; entertainment
services in the nature of conducting events in the fields of cultural, sporting, social and ecological entertainment events that are sponsored; providing information relating to the organizing of
educational, cultural, sporting or entertainment exhibitions; online services, namely, providing information on education and providing entertainment information; non-downloadable electronic
publications in the nature of instructional materials in the fields of telecommunications, automation systems, and information technology; providing online computer games; online electronic
publishing of books and journals; education and entertainment services, namely, providing information via a global computer network in the field of entertainment and entertainment-related topics,
namely, motion pictures, television shows, and multimedia entertainment content; providing a website featuring non-downloadable audio, video and audiovisual content in the nature
of recordings featuring movies, TV shows, videos featuring comedy, drama and music; entertainment services, namely, providing temporary use of non-downloadable online video featuring music
performances, and comedy performances; provision of non-downloadable videos featuring programs on music, and comedy via a video-on-demand service; video services, namely, providing on-line, non-downloadable multichannel
video programming featuring motion pictures, and television shows
Class 42: Scientific and technological services, namely, research and
design in the fields of telecommunications, automation systems, and information technology; industrial analysis and research services in the field of telecommunications, automation systems and
information technology to assure compliance with industry standards; design and development of computer hardware, software and software for data bases; maintenance of software; computer services in
connection with the nature of electronic data storage; rental of computers for data processing; design of web sites for others; performance of
chemical analysis and technical testing of chemicals; inspection of chemicals for quality control purposes and checks related thereto; technical
security services, namely, technical consultancy in the field of computer security; technical monitoring of industrial plants in the fields of energy, gas, and water to ensure
proper functioning of the plants and technical quality monitoring of heat generation plants for quality control purposes; engineering; providing online computer consultation, namely, providing online
technological information about computer networks for the area of computer networking; consultancy in the field of the design and development of
computer software, computer database programs, and computer hardware architecture, including consultancy relating to computer database programs;
technological services, namely, metering in relation to telemetering, remote metering, meter reading systems and smart metering, namely, metering and monitoring electric power consumption by third
parties for electric power providers; telecommunications technology consultancy; information technology consulting services; technical support concerning the use of communication equipment, namely,
troubleshooting of computer software problems within the equipment
See TMEP §§1402.01, 1402.01(e).
DESCRIPTION OF MARK AMENDED
The following description of the mark replaces the current description of record:
The mark consists of the stylized letter “T” and the stylized wording “MOBILE”, with five small squares across the center of the mark
See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.
Based on applicant’s February 19, 2019 response, and the amendments above, the requirement to amend the identification of goods and services, amend the description of the mark, and sign and date the application are satisfied.
/Ray Harmon/
Trademark Examining Attorney
Law Office 103
(571) 272-0386
raymond.harmon@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.