UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

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: 1/18/2019

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issues 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).

 

SUMMARY OF THE ISSUES:

 

-       Identification of the Goods and Services – Clarification Required

-       Multiple-Class Application Requirements – Advisory

 

IDENTIFICATION OF THE GOODS AND SERVICES – CLARIFICATION REQUIRED

 

Applicant’s current identification of the goods and services is not acceptable and requires clarification.

 

International Class 009

 

First, the wording “Computer software,” “Software for use as an application programming interface (API),” “Application programming interface (API) for use in building software applications,” “Personal assistant software,” “Social assistant software,” “Software providing location-based weather information,” “Application programming interface (API) for use in developing AI (artificial intelligence) platforms,” “Messaging software,” “Video display software,” and “AI-enabled software for objection tracking, motion control and content visualization” is indefinite and must be clarified by amending to clearly specify the purpose or function of the software.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.03(d).  If the software is content- or field-specific, Applicant must also specify its content or field of use.  See TMEP §1402.03(d).  The USPTO requires such specificity in identifying computer software in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the Applicant’s mark and other marks.  See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).

 

Second, the wording “Electronic sensor devices, cameras, projectors, and microphones for gesture, facial, and voice detection, capture and recognition,” “Power charging and power management devices for mobile electronic devices,” “Charging docks,” “Charging stands for mobile electronic devices,” “Base chargers for mobile electronic devices,” “Power banks,” “External chargers,” “Wireless charging cases,” “Electronic cables parts and fittings,” “Video conferencing device and software” “Hardware, software and firmware for enhancing picture and sound quality,” “Home video information and communication devices with virtual personal assistant capabilities,” “Personal assistant devices, namely, cloud-connected and voice-controlled home video information and communication device,” and “Home automation control devices comprising computer hardware and wireless controllers for use in the Internet of Things (IoT)” is indefinite and must be clarified because it does not make clear the nature of the goods. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the goods.  See TMEP §1402.01.  If the goods have no common commercial or generic name, Applicant must describe the product, its main purpose, and its intended uses. See id.

 

Third, Applicant is advised to delete or modify the duplicate entry in the identification of goods for “cameras” and “microphones.”  See generally TMEP §§1402.01, 1402.01(a).  If Applicant does not respond to this issue, be advised that the USPTO will remove duplicate entries from the identification prior to registration. If modifying one of the duplicate entries, Applicant may amend it to clarify or limit the goods, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Also, generally, any deleted goods may not later be reinserted.  TMEP §1402.07(e).

 

The remainder of the wording in this class is acceptable, but Applicant is strongly encouraged to adopt the minor suggestions. Specifically, Applicant should note that under Nice 11-2019, computer software must be specified as “downloadable” and/or “recorded” to clarify the nature of the goods.

 

International Class 035

 

The wording “Facilitating the exchange and sale of services and products of third parties via computer and communication networks” and “Providing online facilities for connecting sellers with buyers” in the identification of services is indefinite and must be clarified because it does not make clear the nature of the services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the services.  See TMEP §1402.01.  If the services have no common commercial or generic name, Applicant must describe or explain the nature of the services using clear and succinct language.  See id.

 

The remainder of the wording in this class is acceptable, but Applicant is strongly encouraged to adopt the minor suggestions.

 

International Class 036

 

Applicant has classified “Providing information, news, and commentary in the field of real estate, business, and finance” in International Class 036; however, the proper classification is International Class 035. Services related to “Providing on-line information, news and commentary in the field of {indicate service-related subject matter or field}” are classified based on service-related subject matter. Therefore, Applicant may respond by (1) adding the clause “Providing information, news, and commentary in the field of business” to International Class 035 or (2) deleting the word “business” from the clause.  See 37 C.F.R. §§2.86(a), 6.1; TMEP §§1403.02 et seq. Please note that Applicant must comply with the multiple-class requirements specified in this Office action.

 

The remainder of the wording in this class is acceptable.

 

International Class 038

 

The wording “Telecommunications services,” “Telecommunications services, namely, communication via cloud-connected, voice-controlled information and communication devices,” “Delivery of audio, video and electronic messages,” “Broadcasting and transmission of educational and entertainment content,” “Providing interactive communication and information services via internet and communications networks,” in the identification of services is indefinite and must be clarified because it does not make clear the nature of the services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend this wording to specify the common commercial or generic name of the services.  See TMEP §1402.01.  If the services have no common commercial or generic name, Applicant must describe or explain the nature of the services using clear and succinct language.  See id.

 

The remainder of the wording in this class is acceptable.

 

International Class 041

 

First, the wording “Providing information relating to contests and games” is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, this wording could encompass “Providing information relating to organizing community sporting and cultural activities, contests and games” in International Class 041 or “Providing information in the fields of technology and software development related to contests and games” in International Class 042.  Thus, Applicant must clarify the nature of the services and ensure their proper classification.

 

Second, the wording “Providing online computer databases in the field of general news and information regarding topics of general interest” and “Entertainment services, namely, providing entertainment audio, video data and content via internet and communications networks” is indefinite and must be clarified because it does not make clear the nature of the services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant must amend the identification to specify the common commercial or generic name of the services.  See TMEP §1402.01.  If the services have no common commercial or generic name, Applicant must describe or explain the nature of the services using clear and succinct language.  See id.

 

The remainder of the wording in this class is acceptable, but Applicant is strongly encouraged to adopt the minor suggestions.

 

International Class 042

 

First, Applicant must clarify the wording “Providing internet search engine services and search engine optimization services,” “Information, advisory and consultancy services relating to voice command and recognition software, speech to text conversion software, and voice-enabled software applications, home automation, and internet-of-things (iot) software,” “Providing information, news, and commentary in the field of science, technology and weather,” “Providing information in the fields of technology and software development via internet and communications networks,” and “Providing information via internet and communication networks” because it is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class.  For example, “Search engine optimisation for sales promotion” are in International Class 035 and “Computer technology consultancy in the field of search engine optimization services” are in International Class 042, as well as “Information, advisory and consultancy services relating to the design and development of voice command and recognition software, speech to text conversion software, and voice-enabled software applications, home automation software, and internet-of-things (iot) software” are in International Class 042 and “ Consultancy relating to computer software licensing” are in International Class 045.

 

Please note that classification of information services is based on the subject matter of the information provided.  TMEP §1402.11(b).  The following are examples of acceptable identifications for information services: “providing comparison shopping information about automobiles by means of the Internet” is classified in International Class 035, “providing online information regarding financing and insuring an automobile” is classified in International Class 036, “providing an Internet website that features information about automotive maintenance and repair service” is classified in International Class 037, and “providing information in the field of nursing” is classified in International Class 044.

 

Second, Applicant must clarify the wording “Hosting of audio, visual, text, data and content on internet and computer networks” to indicate that the matter being hosted is digital in nature.

 

Third, the wording “Personal assistant software,” “Social assistant software,” and “Software for home automation and control” is indefinite and too broad and must be clarified because the wording does not make clear the nature of the software and could identify goods or services in three international classes – as a product in International Class 009 or a service in International Class 041 or 042.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a).  Applicant must specify the purpose or function of the software, and if content- or field-specific, the content or field of use of the software.  TMEP §1402.03(d).  The USPTO requires such specificity in identifying computer software in order for a trademark examining attorney to examine the application properly and make appropriate decisions concerning possible conflicts between the Applicant’s mark and other marks.  See In re N.A.D. Inc., 57 USPQ2d 1872, 1874 (TTAB 2000); TMEP §1402.03(d).

 

Computer software is a product classified in International Class 009 if it is (1) recorded on media (such as CDs) or (2) downloadable and thus can be transferred or copied from a remote computer system for use on a long-term basis.  TMEP §1402.03(d).  However, on-line non-downloadable software is considered a computer service in International Class 042, unless it is non-downloadable game software provided online or for temporary use, which is classified in International Class 041.  See TMEP §§1402.03(d), 1402.11(a)(xii). For assistance with software classification and identifications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.

 

The remainder of the wording in this class is acceptable.

 

International Class 045

 

First, the wording “Social introduction and networking services” is indefinite and too broad.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  This wording is indefinite because it does not make clear what the services are.  Further, this wording could identify services in more than one international class. In particular, this wording could encompass “Entertainment services in the nature of organizing social entertainment events for social introduction and networking” in International Class 041 or “Internet-based social introduction and social networking services” in International Class 045. Thus, Applicant must clarify the nature of the services and ensure their proper classification.

 

Second, Applicant must clarify the wording “Providing concierge services for others, namely, booking reservations, facilitating purchases, arranging deliveries, making requested personal arrangements, providing recommendations on products and services, providing customer-specific information to meet individual needs, and provision of electronic reminders and notifications” to specify that the services are being provided for the consumer’s personal needs.

 

The remainder of the wording in this class is acceptable.

 

Suggested Identification

 

Applicant may substitute the following wording, if accurate: 

 

International Class 009: Computer hardware; Computer software for {specify the function of the programs, e.g., use in database management, use as a spreadsheet, word processing, etc. and, if software is content- or field-specific, the content or field of use}; Computer software development tools; Downloadable computer software for use as an application programming interface (API) for {specify the function of the API programs, e.g., integration of video content into websites}; Downloadable computer application programming interface (API) for use in building software applications for {specify the function of the API programs, e.g., integration of video content into websites}; Downloadable computer software for creating, managing, and interacting with an online community; Downloadable computer software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via the internet and communication networks; Downloadable computer software for modifying and enabling transmission of images, audio, audio visual and video content and data; Downloadable computer software for the collection, editing, organizing, modifying, transmission, storage and sharing of data and information; Downloadable computer software for integrating electronic data with real world environments for the purposes of entertainment, education, gaming, communicating, and social networking; Downloadable computer software for converting natural language into machine-executable commands; Downloadable computer software, namely, an interpretive interface for facilitating interaction between humans and machines; Downloadable intelligent personal assistant software for {indicate, e.g., voice recognition, natural language processing, searching the internet for traffic and weather information, appointment reminders, etc.}; Downloadable intelligent social assistant software for {indicate, e.g., voice recognition, natural language processing, searching the internet for traffic and weather information, appointment reminders, etc.}; Downloadable computer software for home automation and control; Downloadable computer software for wireless content, data and information delivery; Downloadable computer software for creating, managing and accessing groups within virtual communities; Downloadable computer software for planning activities and making recommendations; Downloadable computer software for providing location-based weather information; Downloadable computer software for location-based searching and alerts for identifying points of interest, events, landmarks, employment opportunities, entertainment, cultural events, shopping and offers; Downloadable computer software for facilitating interaction and communication between humans and AI (artificial intelligence) platforms; Downloadable computer software for viewing and interacting with a feed of images, audio, audio-visual and video content and associated text and data; Downloadable computer application programming interface (API) software for use in developing AI (artificial intelligence) platforms for {specify the function of the API programs, e.g., integration of video content into websites}; Downloadable computer software for organizing events; Downloadable computer software for sending and receiving electronic messages, graphics, images, audio and audio visual content via computer, the internet and communication networks; Downloadable computer software for processing images, graphics, audio, video, and text; Downloadable computer instant messaging software; Voice recognition downloadable computer software; Gesture recognition downloadable computer software; Motion tracking sensors for communication technology; Downloadable computer software for controlling the operation of audio and video devices; Digital media streaming devices; Video displaying downloadable computer software; AI-enabled downloadable computer software for object tracking, motion control and content visualization; Downloadable computer software and firmware for operating system programs; Computer operating systems; Downloadable computer software, firmware and hardware for use in visual, voice, audio, motion, eye and gesture tracking and recognition; Hardware and downloadable computer software for operating sensor devices; Electronic sensor devices, cameras, multimedia projectors, and microphones for gesture, facial, and voice detection, capture and recognition; Hardware and downloadable computer software for detecting objects, user gestures and commands; Downloadable computer software and firmware for controlling, configuring and managing controllers; Downloadable computer software and firmware for enabling electronic devices to share data and communicate with each other; Cameras; Batteries; Battery chargers; Battery cases; Battery packs; Power charging and power management devices in the nature of battery chargers for mobile electronic devices; Battery charging docks; Battery charging stands for mobile electronic devices; Base battery chargers for mobile electronic devices; Power banks in the nature of power supplies; External chargers in the nature of battery chargers; Wireless charging cases in the nature of battery chargers; Rechargeable electric battery devices, namely, rechargeable batteries and portable power supplies; Rechargeable external battery packs for use with mobile electronic devices; Chargers for batteries; Power adapters; Electrical adapters; Electrical and electronic connectors; Remote controls for mobile electronic devices; Electrical audio and speaker cables and connectors; Audio speakers; Docking stations for mobile electronic devices; Loudspeakers; Electronic cables parts and fittings, namely, {specify goods, e.g., ducting for electric cables, cable connectors, etc.}; Electric cables; Connection cables; Cables for optical signal transmission; Power cables and cable connectors; Microphones; Audio receivers; Audio transmitters; Wireless computer peripherals; Receivers of electronic signals; Video receivers; Wireless transmitters and receivers for reproduction of sound and signals; Electric sensors; Electronic sensors for monitoring physical movements; Home video information and communication devices with virtual personal assistant capabilities, namely, personal digital assistants; Intelligent personal assistant devices, namely, cloud-connected and voice-controlled home video information and communication devices comprised of voice-activated speakers, computer hardware, and software for {indicate function, e.g., searching the internet for weather and traffic information, appointment reminders, etc.}; Computer hardware, computer peripherals, handheld digital electronic devices, and remote control devices for controlling software applications and for searching, manipulating, controlling, storing, displaying, playing, and recording audio, video, and multimedia content, games, software applications and software application marketplaces; Home automation control devices comprising computer hardware and wireless controllers for use in the Internet of Things (IoT) to remotely monitor and control the function and status of other electrical, electronic, and mechanical devices or systems, namely, {indicate type of devices or systems, e.g., remote metering systems, gas and liquid cylinders, vehicle tracking devices, energy and utility systems, security systems, lighting systems, etc.}; Wireless communication devices for voice, data, or image transmission; Portable apparatus for recording and reproduction of sound, images and video; Apparatus for recording, transmission or reproduction of sound or images; Computer hardware for processing, reproducing, synchronizing, recording, organizing, downloading, uploading, transmitting, streaming, receiving, playing and viewing text, multimedia and data files; Portable electronic devices for receiving and reading text, images and sound through wireless internet access; Wireless controllers to monitor and control the functioning of other electronic devices; Electronic controllers for use with power controllers; Data processors; Computer peripheral devices; Video conferencing device and software in the nature of wireless television set for providing video conferencing service over the Internet; Computer hardware, downloadable computer software and firmware for enhancing picture and sound quality

 

International Class 035: Marketing, advertising and promotion services; Computerized database and file management; Providing consumer information and related news in the field of sports, entertainment, business and finance, politics and government, health and physical fitness, weather, science and technology, travel, arts and literature, lifestyle and personal growth, vehicles and transportation, education and child development, real estate, fashion and design, food and cooking, home decorating, music and cinema, history, medicine, law and current events; Providing online business directories featuring restaurants, bars, movie theaters, dance clubs, museums, art galleries, and other cultural and social spaces; Providing online business directory services for telephone numbers, business addresses, electronic mail addresses, network homepage addresses, addresses and telephone numbers of people, places, and organizations; Advertising and promoting the goods and services of others via the internet and communication networks; Promotional services, namely, facilitating the exchange and sale of services and products of third parties via computer and communication networks; Providing online marketplaces for sellers of goods and/or services; Providing online facilities in the nature of a website for connecting sellers with buyers; Providing online computer databases and online searchable databases featuring classified ad listings; Charitable services, namely, promoting public awareness about charitable, philanthropic, volunteer, public and community service and humanitarian activities

 

International Class 036: Providing information, news, and commentary in the field of real estate and finance; Financial transaction processing services, namely, providing secure commercial transactions and payment options; Electronic funds transfer services; Financial transaction services, namely, providing a virtual currency for use by members of an online community via the Internet and communications networks; Electronic credit card, debit card, and gift card transaction processing services

 

International Class 038: Telecommunications access services; Telecommunications services, namely, transmission of audio, video, text, data and content via internet and communications networks; Telecommunications services for providing multiple-user access to a global computer network; Telecommunications services, namely, personal communication services via cloud-connected, voice-controlled information and communication devices; Electronic delivery of audio, video and electronic messages via a global computer network; Electronic transmission of information and data; Broadcasting and transmission of educational and entertainment content via digital communications networks; Providing interactive telecommunication access services and telecommunications information services via internet and communications networks; Transmission and streaming of audio, video, text, data and content via internet and communication networks for others; Transmission and streaming of audio, video, text, data and content via internet and communication networks to connected information and communication devices; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of electronic media, data, messages, graphics, images, audio, video and information

 

International Class 041: Providing information, news, and commentary in the field of entertainment, sports, current events, education and cultural events; Providing information, reviews and personalized recommendations in the field of entertainment; Providing information relating to organizing community sporting and cultural contests and games; Providing entertainment information via internet and communications networks; Providing online computer databases featuring information and news in the field of current events related to general news and topics of general interest; Entertainment services, namely, providing a web site featuring non-downloadable entertainment audio, video data, and multimedia content in the field of {indicate specific field, e.g., computers, music, art} via internet and communications networks; Entertainment services, namely, providing online computer games, electronic games and video games; Providing classes, workshops, and instruction in the field of using voice-enabled applications

 

International Class 042: Providing customized computer searching services, namely, searching and retrieving information at the user's specific request via internet and communications networks; Providing internet search engine services and computer technology consultancy in the field of search engine optimization services; Information, advisory and consultancy services relating to the design and development of voice command and recognition software, speech to text conversion software, and voice-enabled software applications, home automation software, and internet-of-things (IoT) software; Providing information, news, and commentary in the field of scientific research and development, computer technology, and weather; Providing information in the fields of computer technology and software development via internet and communications networks; Providing a virtual computing environment through cloud computing accessible via the internet; Creating online virtual communities for users to participate in discussions and engage in social networking; Hosting of the digital audio, visual, text, data and content on internet and computer networks; Providing information on computer technology and programming via internet and communication networks; Providing temporary use of non-downloadable intelligent personal assistant computer software for {indicate, e.g., voice recognition, natural language processing, searching the internet for traffic and weather information, appointment reminders, etc.}; Providing temporary use of non-downloadable intelligent personal social assistant computer software for {indicate, e.g., voice recognition, natural language processing, searching the internet for traffic and weather information, appointment reminders, etc.}; Providing temporary use of non-downloadable computer software for home automation and control

 

International Class 045: Personal concierge services for others comprising making requested personal arrangements and reservations and providing customer-specific information to meet individual needs; Internet-based social networking services; Internet-based social introduction and networking services; Providing personal concierge services for others, namely, booking requested personal reservations, facilitating requested personal purchases, arranging requested personal deliveries, making requested personal arrangements, providing requested personal recommendations on products and services, providing requested personal customer-specific information to meet individual needs, and provision of requested personal electronic reminders and notifications

 

Amendment Guidelines

 

Applicant’s goods and services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, Applicant may not substitute different goods and services or add goods and services not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods and services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and services will further limit scope, and once goods and services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).

 

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.

 

MULTIPLE-CLASS APPLICATION REQUIREMENTS

 

The application identifies goods and services in more than one international class; therefore, Applicant must satisfy all the requirements below for each international class based on Trademark Act Sections 1(b) and 44:

 

(1)       List the goods and 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 fees already paid (view the USPTO’s current fee schedule).  Because the application already includes the fees for the classes that cover the broad language, no additional fee is required.

 

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 Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

ASSISTANCE

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about Applicant’s rights, the trademark examining attorney can provide Applicant with additional explanation about the requirements in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

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.  

 

 

 

/Xheneta Ademi/

Examining Attorney

Law Office 122

(571) 272-7151

xheneta.ademi@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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 1/18/2019 FOR U.S. APPLICATION SERIAL NO. 88146782

 

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 1/18/2019 (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.