To: | Survey Sampling International, LLC (dallastrademarks@bakermckenzie.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88260296 - DYNATA - 10006728 |
Sent: | 4/3/2019 5:31:29 PM |
Sent As: | ECOM108@USPTO.GOV |
Attachments: | Attachment - 1 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88260296
MARK: DYNATA
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Survey Sampling International, LLC
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT 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: 4/3/2019
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).
UNSIGNED APPLICATION
The following statements must be verified: That applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; that applicant believes applicant is entitled to use the mark in commerce on or in connection with the goods or services specified in the application; that to the best of the signatory’s knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive; and that the facts set forth in the application are true. 37 C.F.R. §§2.33(b)(2), (c), 2.34(a)(2), (a)(3)(i), (a)(4)(ii). For more information about this, see the Verified statement webpage.
To provide these verified statements. After opening the correct TEAS response form, answer “yes” to wizard question #10, and follow the instructions within the form for signing. In this case, the form will require two signatures: one in the “Declaration Signature” section and one in the “Response Signature” section.
TRANSLATION REQUIRED
IDENTIFICATION OF SERVICES AMENDMENT REQUIRED
CLASS 35
The entry “organization and management of focus groups, panel groups and online opinion panel participants for business and market research purposes” is indefinite and must be clarified to specify that these are business research and market research services. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
The entry “business information services, namely, data collection and data sampling” is indefinite and must be clarified to specify that the data services are being provided for business purposes.
The entry “and providing customer and prospective customer relationship management consultation services to businesses” is indefinite and must be clarified as it is unclear how the portion “and providing customer and prospective” relates to the remainder of this entry.
CLASS 42
The entries “SAAS featuring software for designing, conducting and managing online, offline and mobile surveys, polls and other feedback and data collection activities; SAAS featuring software for the administration, distribution, collection, reporting, analysis and presentation of respondents' feedback and other information gathered; PAAS featuring computer software platforms enabling panel integrated research tools; PAAS featuring computer software platforms enabling customers to conduct market research on a self-serve basis, the ability to customize surveys and the ability to customize the panel of survey respondents” are indefinite as Applicant has not defined what is intended by the terms SAAS and PAAS. Further, the last two of these entries have failed to sufficiently specify the function of these software platforms.
Applicant may substitute the following wording, if accurate (suggestions in bold):
Class 35: Market research services; business and marketing research services, namely, conducting, processing, and analyzing qualitative and quantitative business and marketing research and public opinion surveys; consulting services in the field of market research and public opinion surveys; business research and market research services, namely, organization and management of focus groups, panel groups and online opinion panel participants for business and market research purposes; business information services, namely, data collection and data sampling for business purposes; business consultation services, namely, providing consultation in the field of customer relationship management of current and prospective customers
Class 42: Software as a service (SAAS) services featuring software for designing, conducting and managing online, offline and mobile surveys, polls and other feedback and data collection activities; Software as a service (SAAS) services featuring software for the administration, distribution, collection, reporting, analysis and presentation of respondents' feedback and other information gathered; platform as a service (PAAS) featuring computer software platforms for providing panel integrated research tools; platform as a service (PAAS) featuring computer software platforms for enabling customers to conduct market research on a self-serve basis, to customize surveys, and to customize the panel of survey respondents
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.
RESPONSE GUIDELINES
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.
/Mark Riso/
Mark Riso
Trademark Examining Attorney
Office 108
Phone (571)272-0167
mark.riso@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.