Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

EXAMINER’S AMENDMENT

 

Issue date:  March 31, 2020

 

Application has been amended as shown below.  As agreed to by Alexis P. Grilli via email on March 30, 2020, the examining attorney has amended the application as shown below. 

 

IDENTIFICATION OF GOODS AND SERVICES: The identification of services in Classes 036 and 042 are acceptable as previously amended. Class 009 is amended to read as follows:

 

CLASS 009:    Scientific, nautical, photographic, optical, signaling, measuring, checking as in supervision, life-saving apparatus and instruments, namely, telephones, punch clocks, time recording devices in the nature of time clocks, weighing equipment in the nature of scales and balances, graduated rulers, electronic pocket translators, neon signs, electronic notice boards, transparency projection apparatus, kilometer recorders in the nature of odometers for vehicles, telescopes, mechanisms for counter operated apparatus in the nature of point-of-sale terminals, fire extinguishers, acoustic alarms in the name of smoke and fire alarms, eyeglasses, batteries, and exposed files in the nature of exposed camera film; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, namely, electric wires, electric switches, electrolysis apparatus for electroplating purposes, and electrified fences, namely, electric fences; apparatus for recording, transmission or reproduction of sound or images; blank magnetic data carriers and blank recordable optical discs, namely, CD-R, CD-RW, DVD-R and DVD-RW discs; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; software for processing electronic payments to and from others; authentication software, namely, software for authenticating the identity of a payer; computer software applications for mobile devices and computers, namely, software for financial analysis, planning and management, software for securing and protecting data on mobile devices and computers, software for authenticating user identification, software for controlling access to and communications with mobile devices and computers; software applications for use with mobile devices, namely, software for use in database management, for use as a spreadsheet, for word processing, for recording, collecting, organizing, storing, archiving, reproducing, searching, retrieving and displaying digital data in the field of shopping, purchasing, communication, product and service reviews, entertainment, health and fitness, lifestyle, media and video, music and audio, photography and social network; computer software that may be downloaded from a global computer network for posting information, creating electronic product catalogs, responding to requests and placing and fulfilling orders for products, services and business opportunities via local and global computer networks, for use in document management, for searching, browsing and receiving transmissions of text, electronic documents, graphics and audiovisual information on local and remote area networks and global computer networks, on intranets, or on directories of information available on computer networks, for use in software development and web authoring, for use in exchanging information via global computer networks and online from a computer database and the internet, for business use for financial management, financial planning, business management, customer relationship management (CRM), inventory management, sales force management, planning and management of personal and business finances, and marketing information management, for data mining, for high-speed massive e-commerce data processing, and for data customization, all of the foregoing for use by third parties in connection with an interactive website in the field of e-commerce; downloadable computer software applications for use with mobile devices and computers, namely, software for use in database management, for use as a spreadsheet, for word processing, for recording, collecting, organizing, storing, archiving, reproducing, searching, retrieving and displaying digital data in the field of e-commerce, data management, customer relationship management, entertainment, education and telecommunications provided via the Internet; downloadable electronic publications in the nature of magazines, articles, brochures, leaflets, datasheets, informational materials, instructional materials in the field of business, e-commerce, information technology, cloud computing, telecommunications, the Internet, business and e-commerce training, business, sales, marketing and financial management provided online; instant messaging software; file sharing software; communications software for electronically exchanging data, audio, video, images and graphics via computer, mobile, wireless and telecommunication networks; computer software for processing images, graphics, audio, video and text; downloadable computer software applications for downloading and transmitting video files, audio files, films, movies and television programs featuring children's entertainment, family entertainment, drama, action, adventure and fantasy; downloadable cloud-computing software for deploying virtual machines to a cloud computing platform, managing virtual machines on a cloud computing platform; downloadable cloud-based software for storing and managing electronic data, accessing databases and internet security; downloadable computer software which allows users to participate in web-based meetings and classes, with access to data, documents, images and software applications through a web browser; downloadable computer software for accessing, viewing and controlling remote computers and computer networks; computer software for use in the search and retrieval of computerized information from global information networks and network systems about hobbies, collectibles, auctions and products; data storage programs, namely, software used for the storage of electronic data and documents and data on hard discs, compact discs, tapes and optical discs; computer peripherals; notebook computers; laptop computers; portable computers; handheld computers; personal digital assistants; personal portable media players; mobile telephones; smart phones; digital cameras; battery chargers; computer workstations comprising computers and computer monitors; servers, namely, computer servers; computer and telecommunications networking computer hardware; computer network adaptors, switches, routers, hubs; wireless and wired modems and communication cards and devices, namely, cable modems, computer fax modem cards, external modems, internal modems, modem cables, modems; laptop holders in the nature of protective sleeves and carrying cases, computer bags; fire-extinguishing apparatus; computer hardware and firmware for use in the field of business for financial management and financial planning; downloadable computer software for use in the field of business for financial management and financial planning; computer software for use with global positioning system (GPS) navigation systems for navigation, route guidance and electronic mapping; computer software for use with route planners, electronic maps and digital dictionaries for navigation and translation purposes; satellite-aided navigation systems in the nature of automobile navigation system featuring interactive digital map displays, interactive instructions and user generated information; compact discs featuring music; computer programs and computer software for financial management, financial planning, business management, customer relationship management (CRM), inventory management, sales force management, planning and management of personal and business finances and marketing information management, all in the field of e-commerce and business; digital music files downloadable from the Internet; telecommunications apparatus, namely, VOIP phones, network telephones, electronic facsimile machines, portable digital electronic device for sending and receiving electronic mails, and instant messaging communication tool in the nature of portable telecommunication instant messaging devices; mouse pads; mobile phone handsets; mobile phone accessories, namely, battery chargers, cases, covers, ear phones, headsets and hands-free calling devices; downloadable computer game software; downloadable motion pictures and movies in the field of aircrafts, automobiles, buildings, natural scenery and pets; downloadable motion pictures and movies in the field of children's entertainment, family entertainment, drama, action, adventure and fantasy and music provided via the internet and wireless devices; alarm monitoring systems; security cameras; mobile radio and television broadcasting units, namely, transmitting and receiving apparatus for radio and television broadcasting and for long-distance transmission; television broadcasting equipment, namely, video cameras, film cameras, monitors, flat panel display screens, audio enabled monitors, audio recorders, video recorders, electronic switchers for audio and video signals, cables for the transmission of sounds and images, lights for use with video cameras and film cameras, camera lenses, camera tripods, camera cases, blank videotape, audio mixing boards and video editing computer hardware; cameras; video cameras; headphones; ear pieces, namely, ear buds; speakers, namely, loud speakers; global positioning system (GPS) apparatus and equipment, namely, GPS systems; downloadable computer, electronic and video games programs and software provided via the Internet; liquid crystal displays for telecommunications and electronic equipment; set top box; remote control for radios, televisions, stereos, computers, video recorders, audio systems and playback machines; spectacles and sunglasses; electronic digital signboards; magnetically encoded bank credit, debit, cash and identification cards; automatic teller machines, cash dispensers; electronic book readers

 

See TMEP §§1402.01, 1402.01(e).

 

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).

 

CONCLUSION: With the amendments above, and applicant’s response filed on March 26, 2020, all issues raised in the Priority Action sent on March 18, 2020 have been resolved. Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  

 

         

/Faith Beaudry-Torres/

Faith Beaudry-Torres

Law Office 126

(571) 270-3044

faith.beaudry-torres@uspto.gov

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 31, 2020 for

U.S. Trademark Application Serial No. 88213990

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

         

/Faith Beaudry-Torres/

Faith Beaudry-Torres

Law Office 126

(571) 270-3044

faith.beaudry-torres@uspto.gov

 

 

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·         Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”