United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
EXAMINER’S AMENDMENT
Issue date: January 27,
2021
Application has been amended as shown below. As agreed to by Katherine Bastian on
January 27, 2021, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections.
TMEP §707. Otherwise, no response is required. Id.
In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or
broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
The identification of goods in Class 9 is amended to read as follows:
Downloadable software for managing online purchases, price monitoring, price change alerts, refund request assistance and related e-commerce transactions; Downloadable software that
enables users to organize and manage information sent electronically from merchants and that enables users to organize and manage mail; Computer programs for helping users determine which clothes
will fit them in terms of size, style, and price; Downloadable interactive multimedia software featuring information in the fields of clothing and clothing fit; Computer software for helping users
determine which clothes will fit them in terms of size, style, and price; Application software for collecting information of credit cards and electronic money and for making payment of credit cards
and electronic money; Application software for helping users determine which clothes will fit them in terms of size, style, and price; Software for commerce over a global communications network,
namely, computer software for use in commerce that helps users determine which clothes will fit them in terms of size, style, and price; Software for promoting other traders and services on the
Internet, namely, application software for helping users determine which clothes will fit them in terms of size, style, and price; Downloadable computer application software for providing electronic
messaging services, text messaging and instant messaging services; Computer software for providing electronic messaging services, text messaging and instant messaging services; Downloadable computer
software for providing electronic messaging services, text messaging and instant messaging services; Downloadable computer game programs for mobile phones; Encryption software; Software for online
messaging; Privacy protection software; Computer e-commerce and mobile-commerce software to allow users to perform electronic business transactions via a global computer network; Computer application
software for mobile phones, tablets, and handheld computers, namely, ecommerce software to allow users to perform electronic business transactions relating to e-commerce, mobile-commerce
and online shopping via a global computer network; Computer software for e-commerce, mobile-commerce, and online shopping, namely, software for chatting and messaging relating to
e-commerce, mobile-commerce, and online shopping; Computer software for e-commerce, mobile-commerce, and online shopping, namely, virtual keyboards, character art, and user interfaces for assisting
with shopping transactions; Downloadable electronic publications, namely, magazines, books and journals featuring information in the fields of telecommunications, social networking and finance;
Mobile phones; Computers; Apparatus for recording, transmission or reproduction of sound or images; Cameras; Televisions; Microphones; Headsets for use with computers, telephones, smartphones;
Communication and replication software for computer equipment and appliances, speakers and related electronic components; Location sharing software; Navigation software for walking directions,
customized mapping of locations, street atlas information, electronic map display, and destination information; GPS navigation software; Motor vehicle navigation mapping software; Networking
software, namely, software for connecting computer network users, for connecting global computer networks, for electronic messaging, instant messaging, text messaging; Downloadable graphics for
mobile phones; Downloadable emoticons for mobile phones; Game software; Wearable telecommunication apparatus, namely, wearable walkie-talkies, satellite telephones, mobile telephones, activity
trackers, mobile computers, fitness bands; Wearable communications devices in the form of wrist-mounted smartphones; Downloadable mobile applications for use with wearable computer devices for mobile
computing, fitness tracking, health care monitoring, electronic messaging, instant messaging, text messaging; File sharing software; Interactive entertainment software, namely, interactive software
for electronic messaging, instant messaging, text messaging and audio and video; Interactive computer software enabling electronic exchange of information between computer users; Downloadable
software to enable uploading, posting, showing, displaying, tagging, blogging, sharing or otherwise providing electronic media or information over the Internet or other communications network;
Downloadable publications, namely, downloadable electronic magazines, books, journals in the field of telecommunications and social networking; Portable electronic devices for receiving, downloading,
displaying, providing access to and reading text, images and sound and other digital content through wireless Internet access and for receiving, downloading, displaying, providing access to and
reading electronically published materials, including, books, journals, newspapers, magazines, multimedia presentations; Computer hardware and software to transmit, receive, download, read and
provide access to text, images, sound and other digital content; Computer hardware and software to transmit, receive, download, read and provide access to electronic publications; Portable electronic
device for reading, displaying, receiving, purchasing, sharing, lending, accessing and storing downloadable electronic publications, especially, books, journals, newspapers, magazines, multimedia
presentations, as well as text, images, sound, and digital website content, all through wired and wireless Internet access, and accessories therefore, namely, cases, covers, adapters and power cords;
Computer software for use with computers and mobile devices which enables the computers and mobile devices to track, catalogue, visualize, and generate events, statistics and profiles in connection
with books and the usage of an electronic reading service, to interact with digital content libraries, to download digital content therefrom, to interact with other users of digital content, to
engage in social networking, to participate in customer incentive, reward and loyalty programs connected with books and the usage of an electronic reading service, and to receive advertising and
promotional material based on the usage of an electronic reading service; Computer application software for mobile phones, namely, software for recognition and registration of physical books, and the
downloading of ebooks; Downloadable computer software in the nature of computer and mobile applications that enable users to track, catalogue, visualize, and generate events, statistics and profiles
in connection with books and the usage of an electronic reading service, and which enables users to interact with digital content libraries, and download digital content therefrom, and interact with
other users of digital content; Portable electronic book readers; Portable computers for receiving, downloading, displaying, providing access to and reading text, images and sound and other digital
content through wireless Internet access and for receiving, downloading, displaying, providing access to and reading electronically published materials, namely, books, journals, newspapers,
magazines, multimedia presentations; Computer hardware and software to transmit, receive, download, read and provide access to text, images, sound and other digital content on portable electronic
book readers; Computer hardware and software application to transmit, receive, download, read and provide access to text, images, sound and other digital content on portable electronic book readers;
Downloadable mobile application providing access to ebooks and audiobooks; Computer programs for use in multiple document processing in the legal and accounting fields of the business and industry
markets as well as the legal and accounting fields of the governmental market, specifically excluding the banking field; Downloadable software for downloading and transferring digital content,
namely, eBooks, audiobooks, music, and video; Downloadable software in the nature of a mobile application that allows users obtain rebates, discounts, cash-back, coupons, vouchers and special offers
in the nature of free shipping, dollar or percentage price reductions, free products or services, access to exclusive or limited products and services, and limited time offers for purchasing the
products and services of the participating businesses of others; Consumer coupons downloaded from a global computer network; Computer software for use in monitoring, visualizing and inspecting
application programming interface (APIs) and microservice traffic and data; Computer software for use in creating and maintaining technical documents, generating sample code and onboarding
application developers; Computer software for use in securing, managing and extending application programming interfaces (APIs) and microservices; Computer software for processing electronic payments
and for transferring funds to and from others; Authentication software for controlling access to and communications with computers and computer networks; Magnetically encoded credit cards and payment
cards; Downloadable software for enabling the electronic transfer of money between users; Downloadable software for enabling processing of electronic funds transfers and payments made via ACH
(automated clearing house), credit card, debit card, electronic check and electronic, mobile and online payments; Downloadable mobile apps for processing electronic payments, for customer services,
and for information relating to credit card transactions; Computer software for travel agency services for ticketing, reservations and destination searches; Computer application software for mobile
phones and handheld computers, namely, software for travel agency services for ticketing, reservations and destination searches; Computer software for digital publishing, content collaboration, and
marketing of content for others; Computer software, namely, software development tools for the creation of application software for smartphones, web readers, ebooks, and portable handheld computers;
Computer programs for user interface design; Computer software for converting digital content to other forms of digital media content and for digital publication in multimedia application software
for smartphones, webreaders, ebooks, and portable handheld computers; Computer software for the digital publication of multimedia content through application software for smartphones, web readers,
ebooks, and portable handheld computers; Computer software, namely, software development tools for the creation of application software for business platforms, including for staff onboarding, sales
enablement and management, and digital publishing; Computer software for tracking application software usage data; Computer software that allows user to connect to e-commerce, fintech, and digital
content services platforms; IC card readers and writers; Downloadable image and video files containing information in the field of finance; Electronic payment terminals; Computer software for
collecting usage information of credit cards and electronic money, and for making payment by credit cards and electronic money; Magnetic card readers for credit cards; Tablet computers, and parts and
fittings thereof; Computer programs for tablets, namely, downloadable mobile apps for processing electronic payments and for transferring funds to and from others; Data carriers recorded with
computer programs for tablets, namely, computer operating software for processing electronic payments and for transferring funds to and from others; Cash registers; Personal digital assistants;
Computer programs for personal digital assistants, namely, computer operating software for processing electronic payments and for transferring funds to and from others; Computer programs for cellular
phones including smart phones, namely, computer operating software for processing electronic payments and for transferring funds to and from others; Cellular phones including smart phones; Parts and
fittings for cellular phones including smart phones; Data carriers recorded with computer programs for cellular phones including smart phones, namely, computer operating software for processing
electronic payments and for transferring funds to and from others; Automated teller machines; IC cards; Smartwatches; Smartphones; Wireless POS devices and computer operating programs therefor;
Encoded electronic chip cards containing programming used to process electronic payments and for transferring funds to and from others; Blank magnetic cards; Pre-recorded magnetic tapes, IC cards,
magnetic discs, optical discs, optical magnetic discs and other video disks and video tapes containing information in the field of processing electronic payments and transferring of funds to and from
others; Application software for payment or settlement of electronic money, credit cards and debit cards used with barcode or QR code readers; Downloadable computer operating programs for IC card
readers and writers; Electronic terminals for payment and settlement of electronic money; Downloadable computer programs for operating electronic terminals for payment and settlement of electronic
money; Downloadable computer programs for payment and settlement of electronic money; Downloadable computer programs for recharging IC cards; Apparatus for recharging IC cards; Downloadable computer
operating programs for Near field communication (NFC) technology-enabled readers; Near field communication (NFC) technology-enabled readers; Downloadable computer programs for wearable computer,
namely, computer operating software; Downloadable computer programs for automatic vending machines, namely, computer operating software; Automatic vending machines; Document printers for use with
computers for printing receipts; Downloadable computer programs for management and transaction of virtual currency, cryptocurrency or tokens of value; Computer programs for providing block chain
networks and distributed networks; Downloadable computer programs for providing block chain network for virtual currency or cryptocurrency and distributed network for virtual currency or
cryptocurrency; Downloadable computer programs for block chain network or distributed network for promoting the goods and services of others through the administration of sales and promotional
incentive schemes involving loyalty points. See TMEP §§1402.01, 1402.01(e).
Please note that the amended identification of goods and services in the remaining classes is acceptable. Also not that the current filing basis
is 1(b) for all classes, and 44(e) for all classes except for Classes 5 and 10.
The applied-for mark is now in condition for publication.
/Patrick Shanahan/
Patrick Shanahan
Trademark Attorney
USPTO Law Office 116
Ph: (571) 272-9216
patrick.shanahan@uspto.gov