UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 4/8/2019

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62, 2.65(a); TMEP §§711, 718.03.

 

SEARCH OF OFFICE’S DATABASE OF MARKS

 

The Office records have been searched and there are no similar registered or pending marks that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d). TMEP §704.02.

 

However, applicant must address the following issue(s).

 

IDENTIFICATION OF GOODS AND SERVICES

 

This requirement applies only to the goods and/or services specified therein.

 

The identification of goods and services is not acceptable and must be clarified because several of the goods and services are indefinite and could include goods and services in other classes.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

Applicant must amend the identification to specify the common commercial or generic name of the goods.  See TMEP §1402.01.  If the goods have no common commercial or generic name, applicant must describe the product, its main purpose, and its intended uses.  See id.

 

Further, applicant must amend the identification to specify the common commercial or generic name of the services.  See TMEP §1402.01.  If the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language.  See id.

 

Specifically:

·       Throughout the application, applicant must specify whether the software goods are recorded or downloadable.

·       The services “financial donations services” are not clear and must be further specified.

·       The services “Facilitating access to third party websites or to other electronic third party content via a universal login” are not clear and must be further specified.

·       The services “Photo sharing and video sharing services; providing online resources for software developers” are indefinite and must be specified.

·       The services “Providing access to interactive electronic and online databases of user-defined content, third-party content, photos, video, audio, visual, and audio-visual material in the field of general interest” are not clear and possibly misclassified, as providing access to databases belong in Class 38, but the service of providing databases is classified according to the subject matter of the databases”.  Therefore, applicant must specify the field of material because the field of general interest is not specific enough for classification.

·       The services “providing online games” must be amended to specify the type of game.

·       The services “Providing online game software” must be amended to indicate the software is non-downloadable.

·       The services “Computer services in the nature of customized electronic personal and group profiles or webpages featuring user-defined or specified information, including, audio, video, images, text, content, and data” are indefinite and must be further specified.

·       Throughout the application, the services “Providing online facilities” are not clear and must be further specified.

·       Throughout the application, applicant must specify that the software in the services “providing software” are on-line and non-downloadable.

·       The services “Providing an online network service that enables users to transfer personal identity data to and share personal identity data with and among multiple online facilities” are not clear and must be further specified.

·       Applicant must specify the function or purpose of the software in the services “Providing online non-downloadable software”.

·       The service “social introduction and networking services” must be amended to indicate the services are internet-based.

·       The services “Providing access to computer databases and online searchable databases in the fields of social networking and social introduction” are not clear and possibly misclassified.

·       The services “user verification services” are indefinite and must be further specified.

 

Applicant may adopt the following wording, if accurate:

 

“{specify whether the software goods are recorded or downloadable} software for engaging in social networking and interacting with online communities; {specify whether the software goods are recorded or downloadable} computer software development tools; Application programming interface (API) for use in building software applications; Application programming interface (API) for software which facilitates online services for social networking and for data retrieval, upload, download, access and management; {specify, e.g., downloadable} software for creating, managing, and interacting with an online community; {specify, e.g., downloadable} software for organizing events, searching for events, calendaring and managing events; {specify, e.g., downloadable} software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via computer the internet and communication networks; {specify, e.g., downloadable}software for modifying and enabling transmission of images, audio, audio visual and video content and data; {specify, e.g., downloadable} software for sending and receiving electronic messages, alerts, notifications and reminders; {specify, e.g., downloadable} search engine software; {specify, e.g., downloadable} software for use in creating, managing, measuring, and disseminating advertising of others; {specify, e.g., downloadable} software for mapping services; {specify, e.g., downloadable} software for planning activities with other users and making recommendations; {specify, e.g., downloadable} software for social and destination mapping; Location-aware {specify, e.g., downloadable} software for searching, determining and sharing locations; {specify, e.g., downloadable} software, namely, an application providing social networking functionalities; {specify, e.g., downloadable} software for creating, managing and accessing groups within virtual communities; {specify, e.g., downloadable} software for location-based searching and alerts; {specify, e.g., downloadable} software for searching and identifying employment opportunities; {specify, e.g., downloadable} software for identifying and allowing users to contact government representatives; Software providing a virtual marketplace; {specify, e.g., downloadable} software providing location-based weather information; {specify, e.g., downloadable} software providing, linking to, or streaming news or current events information; {specify, e.g., downloadable} software in the nature of a mobile application for creating, sharing, disseminating and posting advertising; {specify, e.g., downloadable} software for geo-location based advertising and product and service promotion; {specify, e.g., downloadable} software for viewing and interacting with a feed of images, audio-visual and video content, and associated text and data; {specify, e.g., downloadable} software for creating and managing social media profiles and user accounts; {specify, e.g., downloadable} software for uploading, downloading, streaming, archiving, transmitting, and sharing images, audio-visual and video content and associated text and data; {specify, e.g., downloadable} software that enables individuals, groups, companies, and brands to create and maintain an online presence for marketing purposes; {specify, e.g., downloadable} software for advertisers to communicate and interact with online communities; {specify, e.g., downloadable} software for streaming multimedia entertainment content; {specify, e.g., downloadable} software for use in taking and editing photographs and recording and editing videos; {specify, e.g., downloadable} software for sending and receiving electronic messages, graphics, images, audio and audio visual content via the internet and communication networks; {specify, e.g., downloadable} software in the nature of a mobile application; {specify, e.g., downloadable} software for online charitable fundraising services and financial donation services” in International Class 9;

 

“Marketing, advertising and promotion services; Promoting the goods and services of others via computer and communication networks; {further specify the services Facilitating the exchange and sale of services and products of third parties} via computer and communication networks; Providing online marketplaces for sellers of goods and/or services; {further specify the services Providing online facilities for connecting sellers with buyers}; Advertising and information distribution services, in particular, providing classified advertising space via the global computer network; Online advertising and promoting the goods and services of others via the internet; Advertising via electronic media; Dissemination of advertising for others via a global computer network; Promoting the goods and services of others by means of distributing video advertising on the internet” in International Class 35;

 

“Online charitable fundraising services and {further specify the services financial donation services}” in International Class 36;

 

“Photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among internet users; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of electronic media, data, messages, graphics, images, audio, video and information; Providing online forums for communication on topics of general interest; Providing online communications links which transfer mobile device and internet users to other local and global online locations; {further specify the servicers Facilitating access to third party websites or to other electronic third party content via a universal login}; Providing online chat rooms, instant messaging services, and electronic bulletin boards; Audio, text and video broadcasting services over the internet or other communications networks; Providing access to computer databases in the fields of social networking social introduction; Providing electronic bulletin boards for transmission of messages among users in the field of general interest; Providing an online community forum for users to share and stream information, audio, video, real-time news, entertainment content, or information, to form virtual communities, and to engage in social networking” in International Class 38;

 

“{further specify the services Photo sharing and video sharing services, and reclassify if appropriate, e.g., peer-to-peer photo and video sharing services, namely, electronic transmission of digital photo and video files among internet users in Class 38}; {further specify the services Providing online resources for software developers}; Entertainment services, namely, providing online {specify, e.g., computer, video} games; Providing online video games; Providing online computer games and interactive {specify, e.g., electronic, video} games; Providing online game software; Entertainment services, namely, providing interactive {specify, e.g., electronic, video} games” in International Class 41;

 

Computer services, namely, creating virtual communities for registered users to organize groups, meetings, and events, participate in discussions and engage in social, business and community networking; Computer services, in particular, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via the internet and communication networks; {further specify the services Computer services in the nature of customized electronic personal and group profiles or webpages featuring user-defined or specified information, including, audio, video, images, text, content, and data}; {further specify Providing online facilities, e.g., providing website} featuring technology that enables online users to create personal profiles featuring social and business networking information, to transfer and share such information among multiple online facilities, to engage in social networking, and to manage their social networking accounts; Providing on-line non-downloadable software for social networking, creating a virtual community, and transmission of audio, video, images, text, content, and data; Application service provider (ASP) services, namely, hosting software applications of others; Application service provider (ASP) featuring software to enable or facilitate the creating, editing, uploading, downloading, accessing, viewing, posting, displaying, tagging, blogging, streaming, linking, annotating, indicating sentiment about, commenting on, embedding, transmitting, and sharing or otherwise providing electronic media or information via the internet and communications networks; {further specify Providing an online network service, e.g., creating an on-line community for registered users} that enables users to transfer personal identity data to and share personal identity data with and among multiple online facilities; Providing on-line non-downloadable application programming interface (API) software for use in electronic messaging and transmission of audio, video, images, text, content and data; Platform as a service (PAAS) featuring computer software platforms for electronic messaging and transmission of audio, video, photographic images, text, graphics and data; Providing on-line non-downloadable software for electronic messaging; Providing on-line non-downloadable software for mapping services; Application service provider (ASP) featuring software for mapping services; Providing on-line non-downloadable software for sharing and displaying a user's location, planning activities with other users and making recommendations; Application service provider (ASP) featuring software to enable or facilitate the sharing and displaying a user's location, planning activities with other users and making recommendations; Providing on-line non-downloadable software for social and destination mapping; Application service provider (ASP) featuring software to enable or facilitate social and destination mapping; Providing on-line non-downloadable location-aware software for searching, determining and sharing the location of goods, services and events of interest; Application service provider (ASP) featuring location-aware software for searching, determining and sharing the location of goods, services and events of interest; Providing temporary use of non-downloadable software applications for creating, managing and accessing user-created and administered private groups within virtual communities; Providing on-line non-downloadable software for searching and identifying local and location-based points of interest, events, landmarks, employment opportunities, entertainment, cultural events, shopping and offers; Providing on-line non-downloadable software for searching and identifying employment opportunities; Providing on-line non-downloadable software for identifying and allowing users to contact government representatives; Providing on-line non-downloadable software for providing a virtual marketplace; Providing on-line non-downloadable software for providing location-based weather information; Providing on-line non-downloadable software for providing, linking to, or streaming news or current events information; {further specify Providing online facilities, e.g., providing website} that give users the ability to engage in social networking and manage their social networking content; Providing on-line non-downloadable software for creating and managing social media profiles and user accounts; Providing on-line non-downloadable software for viewing and interacting with a feed of electronic media, namely, images, audio-visual and video content, live streaming video, commentary, advertisements, news, and internet links; Application service provider (ASP) featuring software for social networking, managing social networking content, creating a virtual community, and transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information; Platform as a service (PAAS) featuring software platforms for social networking, managing social networking content, creating a virtual community, and transmission of images, audio-visual and video content, photographs, videos, data, text, messages, advertisements, media advertising communications and information; Providing on-line non-downloadable software for uploading, downloading, archiving, enabling transmission of, and sharing images, audio-visual and video content and associated text and data; Providing on-line non-downloadable software for streaming multimedia entertainment content; Providing on-line non-downloadable software for creating and maintaining an online presence for individuals, groups, companies, and brands; Providing on-line non-downloadable software for advertisers to communicate and interact with online communities; {further specify Providing online facilities, e.g., providing website} featuring temporary use of non-downloadable software for sending and receiving electronic messages, instant messages, electronic message alerts and reminders, photographs, images, graphics, data, audio, videos and audio-visual content via the internet and communication networks; Providing on-line non-downloadable software applications for social networking, creating a virtual community, and transmission of virtual content and data; File sharing services, namely, {further specify providing online facilities, e.g., providing website} for others featuring technology enabling users to upload and download electronic files; Computer services, namely, hosting electronic on-line web facilities for others for interactive discussions via communication networks; Providing online non-downloadable software for {specify purpose of function of the software}; Computer services, namely, creating an online community for registered users to engage in social networking; Providing on-line non-downloadable software for online charitable fundraising services and financial donation services” in International Class 42; and

 

“{specify, e.g., internet-based} social introduction and networking services; {further specify Providing access to computer databases and online searchable databases in the fields of social networking and social introduction, as providing access to databases belong in Class 38, but the service of providing databases is classified according to the subject matter of the databases, e.g., providing computer databases and on-line searchable databases in the fields of social networking and social introduction in Class 45}; Online social networking services; Providing information in the form of databases featuring information in the fields of social networking and social introduction; {further specify User verification services; if these services are electronic signature verification services using technology to authenticate user identity, then they belong in Class 42}” in International Class 45.

 

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.

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

Failure to properly respond to partial office action

 

If applicant does not respond to this Office action within the six-month period for response, the goods and/or services in International Classes 9, 35, 36, 38, 41, 42 and 45 to which the requirement applies, and marked in bold above, will be deleted from the application.  The application will then proceed with the remaining goods and/or services in International Classes 9, 35, 36, 38, 41, 42 and 45.  See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

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.  

 

 

 

/Sung In/

Sung In

Trademark Examining Attorney

Law Office 103

Phone: (571) 272-9097

Fax: (571) 272-9103

Email: sung.in@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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 4/8/2019 FOR U.S. APPLICATION SERIAL NO. 88262591

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 4/8/2019 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.