To: | Microsoft Corporation (mstm@dwt.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88178498 - BRAINWAVE - 25936-T784 |
Sent: | 5/9/2019 9:45:48 AM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
APPLICATION SERIAL NO 88178498
MARK: BRAINWAVE
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ATTORNEY ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Microsoft Corporation
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ATTORNEY DOCKET NO:
ATTORNEY E-MAIL ADDRESS: |
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OFFICE ACTION
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: 5/9/2019
This Office action is in response to applicant’s communication filed on April 19, 2019.
The specimen issue will be examined once applicant complies with the identification requirement.
Applicant Must Amend The Identification
Applicant must clarify some of the wording in the identification, as shown below, because it remains indefinite. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. The wording is indefinite because it does not make clear the exact nature of the goods and services.
The wording in the suggested identification that appears in bold and italics shows the additions that are being proposed.
Wording that appears within brackets offers guidance. And wording that should be deleted is shown with a line through it as follows: strikethrough. Applicant should enter amendments in
standard font, not in bold, italics or strikethrough or within brackets.
Applicant may adopt the following identification, if accurate:
“Downloadable electronic publications in the nature of educational course materials in the fields of science, technology, engineering and math; software, namely,
educational software featuring for providing instruction in the fields of science, technology, engineering and math; computer hardware and computer peripherals; teaching robots,” in
International Class 9;
“Developing curriculum for others in the fields of science, technology, engineering and math; educational services, namely, providing educational materials
providing education information in the fields of science, technology, engineering and math for teachers and students, and distribution of educational
materials in connection therewith in printed or electronic format {this wording is acceptable only when used in connection with the provision of educational activities such as classes};
developing educational lesson plans for others in the fields of science, technology, engineering and math,” in International Class 41; and
“Computer services, namely, hosting and maintaining an on-line web site for others for educational purposes in the fields of science, technology, engineering and math for use by teachers and students,” in International Class 42.
The requirement for an acceptable amended identification is continued and maintained.
For assistance with identification and classification in trademark applications, please consult the USPTO’s online searchable ID Manual. See TMEP §1402.04.
TEAS RF Application Requirements
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 email correspondence address; and (3) agree to receive correspondence from the USPTO by email 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 email without incurring this additional fee.
Applicant Is Encouraged To Authorize The Amendment By Telephone Or Email
Applicant is encouraged to call or email the assigned trademark examining attorney to resolve the issues raised in this office action by examiner’s amendment. Although a formal response may not be submitted by email, an applicant may communicate informally by phone or email with the trademark examining attorney to agree to a proposed amendment to the application that will immediately place the application in condition for publication for opposition, issuance of a registration, or suspension. See TMEP §707.
/Katherine S. Chang/
Trademark Examining Attorney
Law Office 115
571.270.1528
katherine.chang@uspto.gov
TO RESPOND: Go to response forms and choose option #2. 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 TSDR. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact TrademarkAssistanceCenter@uspto.gov or call 800-786-9199. For more information on checking status, see status and documents.
TO UPDATE CORRESPONDENCE ADDRESS: Use the change of address form.