NOTE TO THE FILE
SERIAL NUMBER: 88064920
DATE: 01/14/2020
NAME: jdixon1
NOTE:
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPSFrom: Dixon, Jennifer
Sent: Tuesday, January 14, 2020 9:47 PM
To: Mark Jansen <mjansen@fenwick.com>
Cc: Anne Marie Longobucco <alongobucco@fenwick.com>; tm <tm@fenwick.com>
Subject: RE: TM App SN 88064920 GROQ - Exam Amdt request for one ID recitation
Okay, I will do that. Thank you!
Jennifer H. Dixon
Trademark Attorney, Law Office 110
Phone: 571-272-9359
jennifer.dixon@uspto.gov (informal inquiries only)PLEASE NOTE: All informal e-mail communications relevant to a trademark application will be placed in the official application record.
From: Mark Jansen <mjansen@fenwick.com>
Sent: Tuesday, January 14, 2020 6:43 PM
To: Dixon, Jennifer <Jennifer.Dixon@USPTO.GOV>
Cc: Anne Marie Longobucco <alongobucco@fenwick.com>; tm <tm@fenwick.com>
Subject: RE: TM App SN 88064920 GROQ - Exam Amdt request for one ID recitation
Importance: High
Hi Jennifer – thanks for your email/VM. No problem! Please amend the clause in IC 9 to: “software and hardware for use in managing and operating data centers and data storage”.
Thanks,
Mark
MARK JANSEN
Sr. Associate | Fenwick & West LLP | 650-335-7867 | mjansen@fenwick.com
Admitted to practice in California, Washington, DC and New York.
FWT090157
From: Dixon, Jennifer <Jennifer.Dixon@USPTO.GOV>
Sent: Tuesday, January 14, 2020 3:18 PM
To: Trademarks <Trademark@fenwick.com>; Mark Jansen <mjansen@fenwick.com>
Subject: TM App SN 88064920 GROQ - Exam Amdt request for one ID recitation
This email is intended for Mark Jansen and/or any authorized party that can legally bind the applicant
Application Serial No.: 88064920
Mark: GROQ
Good evening Mr. Jansen:
I am the trademark examining attorney with the USPTO assigned to the above-referenced application(s). There is one issue(s) that must be addressed before the application can be approved to proceed to publication.
This writing follows a voice-message left for you a few minutes ago.
(1) IDENTIFICATION OF GOODS – CLASS 9 ONLY – The wording “software and hardware for use in data centers and data storage” is indefinite because it does not provide the function of the software with regard to the data centers. Therefore, the following amended wording is proposed, any or all would be acceptable, if accurate:
Software and hardware for use in managing data centers and data storage
Software and hardware for use in operating data centers and data storage
Software and hardware for use in data centers for data storage
I can enter the above proposed changes by Examiner’s amendment, with your approval.
However, I need to act on this application by COB TODAY. Therefore, please respond with your instructions by 8:00pm EST TODAY. I apologize for the extremely short turnaround time, but I spent all day reviewing the extensive ID requirements and amendments for consistency and definiteness. If you are unable to respond by that time, I will send an action continuing the final refusal but allowing 30 days for the applicant to correct this issue. I mentioned in my phone message that I would need to abandon the application, but since the applicant clearly intended to resolve all issues, and missed just this one amendment, I feel I can allow the 30 days to resolve the issue and move this application forward.
I look forward to your reply to this email or you may telephone me at the number below.
Thank you for your time and consideration.
Jennifer H. Dixon
Trademark Attorney, Law Office 110
Phone: 571-272-9359
jennifer.dixon@uspto.gov (informal inquiries only)PLEASE NOTE: All informal e-mail communications relevant to a trademark application will be placed in the official application record.
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