Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

FINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.  Respond using the Trademark Electronic Application System (TEAS) and/or Electronic System for Trademark Trials and Appeals (ESTTA).  A link to the appropriate TEAS response form and/or to ESTTA for an appeal appears at the end of this Office action. 

 

 

Issue date:  September 25, 2019

 

 

 

 

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.  

 

This final refusal addresses issues raised in the applicant’s response to office action dated August 26, 2019. The requirement for an acceptable identification of goods and services is continued and made FINAL.

 

Identification of Goods and Services

 

The identification of goods is indefinite and must be clarified because as set forth in detail below.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. 

 

            Class 9

 

The applicant has failed to specify that each software product is either “downloadable” or “recorded.” Set forth below is a amended identification that also corrects typographical errors:

 

Computers; Downloadable computer software for facilitating business transactions, namely, e-commerce software to allow users to perform electronic business transactions via a global computer network; Downloadable computer software for use in business administration and management; Downloadable computer software for facilitating financial transactions; Downloadable computer software for use in facilitating the payment or receipt of monetary and non-monetary contributions; Downloadable computer software for use in merchant processing services; Downloadable computer software for facilitating users to make monetary contributions to others for charity; Downloadable computer software for facilitating others to contribute to religious institutions; Downloadable computer software for facilitating others to contribute to educational institutions; Downloadable computer software for facilitating others to make charitable contributions; Downloadable computer software for facilitating the payment of taxes to government entities; Downloadable computer software for use in processing electronic payments; Downloadable computer software for use in database management, use as a spreadsheet, and for word processing; Downloadable computer software for computer system and application development, deployment and management; Downloadable computer software for computer system and mobile application development, deployment and management; Downloadable computer software for facilitating financial transactions, namely, e-commerce software to allow users to perform electronic business transactions via a global computer network; Apparatus for recording, transmission or reproduction of sound or images; Downloadable computer application software for mobile phones and handheld computing devices, namely, electronic financial platform software that accommodates multiple types of payment and debt transactions in an integrated mobile phone, PDA, and web based environment for use in payment processing and transactions, and software for use in payment transaction processing; Downloadable computer software for use in processing the exchange of monetary and non-monetary payments, and for compiling information and generating reports for business and tax purposes; Downloadable computer software for use in processing tithing payments for churches, compiling and generating reports comprised of information and analysis about church collection activity; Downloadable computer application software for mobile phones, portable media players, handheld computers, tablet computers, namely, software for use in processing tithing payments for churches, compiling and generating reports comprised of information and analysis about church collection activity; Downloadable computer application software for mobile devices, namely, mobile phones and tablet computers, namely, software for use in processing tithing payments for churches, compiling and generating reports comprised of information and analysis about church collection activity; Downloadable computer software for event registration; Downloadable financial reconciliation software; Downloadable computer software for customer relationship management; Downloadable computer software that enables the streaming of video broadcasts on handheld computing devices; Downloadable computer software for use in accessing downloadable MP3 files and MP3 recordings of podcasts in the field of financial information; Downloadable computer software for use in posting advertisements for church fundraisers; Downloadable computer software for providing ­­_____ [name the type of information] information to others; Downloadable computer software for facilitating the exchange of up to date traffic information among users; Downloadable software for use in social networking; Downloadable computer software for promoting the goods and services of others by creating classified advertisements; Downloadable software for use in accessing online courses at a university; Downloadable computer software for use in event registration and event management.

 

            Class 35

 

This class is acceptable as written.

 

            Class 36

 

This class is acceptable as written.

           

            Class 38

 

This class is acceptable as written.

 

            Class 41

 

This class is acceptable as written.

 

            Class 42

 

This class is acceptable as written.

 

            Class 45

 

This class is acceptable as written.

 

Applicant may amend the identification to clarify or limit the goods and services, but not to broaden or expand the goods and services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and services may not later be reinserted.  See 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.

 

 

 

 

Responding to a Final Refusal – Partial Abandonment

 

If applicant does not timely respond within six months of the issue date of this final Office action, the following goods to which the final requirements apply will be deleted from the application by Examiner’s Amendment:    

 

Downloadable computer software for use in database management, use as a spreadsheet, and for word processing; Downloadable computer application software for mobile phones, portable media players, handheld computers, tablet computers, namely, software for use in processing tithing payments for churches, compiling and generating reports comprised of information and analysis about church collection activity; Downloadable computer application software for mobile devices, namely, mobile phones and tablet computers, namely, software for use in processing tithing payments for churches, compiling and generating reports comprised of information and analysis about church collection activity; Downloadable financial reconciliation software; Downloadable computer software for customer relationship management; Downloadable computer software for providing ­­_____ [name the type of information] information to others.

 

37 C.F.R. §2.65(a); see 15 U.S.C. §1062(b).

 

In such case, the application will proceed for the following remaining goods and services only.

 

 

How to respond.  Click to file a response to this final Office action and/or appeal it to the Trademark Trial and Appeal Board (TTAB)

 

 

/Doritt Carroll/

Trademark Examining Attorney

Law Office 116

571-272-9138

doritt.carroll@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on September 25, 2019 for

U.S. Trademark Application Serial No. 88226634

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

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

 

 

/Doritt Carroll/

Trademark Examining Attorney

Law Office 116

571-272-9138

doritt.carroll@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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from September 25, 2019, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond.

 

 

 

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.”