Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

NONFINAL 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).  A link to the appropriate TEAS response form appears at the end of this Office action. 

 

Issue date:  June 15, 2020

 

This application has been withdrawn from the publication process.  The examining attorney is issuing this non-final Office action due to the following issue that must be addressed.  The examining attorney apologizes for any inconvenience caused by the failure to raise this issue in the prior Office action.

 

IDENTIFICATION OF GOODS AND SERVICES

 

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

 

The identification of goods and services is indefinite and must be clarified because the goods “Software providing a virtual marketplace” are indefinite and do not indicate whether the software is downloadable or recorded, which is required for classification in Class 9.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.

 

Also, the goods “Application programming interface (API) for use in building software applications” and “Application programming interface (API) for software which facilitates online services for social networking and for data retrieval, upload, download, access and management” are not clear and must be clarified.  If these are software goods, they should be so amended and specified as either downloadable or recorded.

 

Finally, the services “Providing fundraising services for others via the internet and other communications networks, namely, the distribution of charitable donations” are overly broad and could fall in more than one international class.  If these services are the “Coordination of the procurement and distribution of monetary donations” then they should be so amended and reclassified in Class 35.

 

Applicant may adopt the following wording, if accurate:

 

“Downloadable software for engaging in social networking and interacting with online communities; Downloadable computer software development tools; Downloadable application programming interface (API) software for use in building software applications; Downloadable application programming interface (API) software which facilitates online services for social networking and for data retrieval, upload, download, access and management; Downloadable software for creating, managing, and interacting with an online community; Downloadable software for organizing events, searching for events, calendaring and managing events; 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; Downloadable software for modifying and enabling transmission of images, audio, audio visual and video content and data; Downloadable software for sending and receiving electronic messages, alerts, notifications and reminders; Downloadable search engine software; Downloadable software for use in creating, managing, measuring, and disseminating advertising of others; Downloadable software for mapping services; Downloadable software for planning activities with other users and making recommendations; Downloadable software for social and destination mapping; Location-aware downloadable software for searching, determining and sharing locations; downloadable software, namely, an application providing social networking functionalities; Downloadable software for creating, managing and accessing groups within virtual communities; Downloadable software for location-based searching and alerts; Downloadable software for searching and identifying employment opportunities; Downloadable software for identifying and allowing users to contact government representatives; Downloadable software providing a virtual marketplace; Downloadable software providing location-based weather information; Downloadable software providing, linking to, or streaming news or current events information; Downloadable software in the nature of a mobile application for creating, sharing, disseminating and posting advertising; Downloadable software for geo-location based advertising and product and service promotion; Downloadable software for viewing and interacting with a feed of images, audio-visual and video content, and associated text and data; downloadable software for creating and managing social media profiles and user accounts; Downloadable software for uploading, downloading, streaming, archiving, transmitting, and sharing images, audio-visual and video content and associated text and data; Downloadable software that enables individuals, groups, companies, and brands to create and maintain an online presence for marketing purposes; Downloadable software for advertisers to communicate and interact with online communities; Downloadable software for streaming multimedia entertainment content; Downloadable software for use in taking and editing photographs and recording and editing videos; Downloadable software for sending and receiving electronic messages, graphics, images, audio and audio visual content via the internet and communication networks; Downloadable software in the nature of a mobile application; 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; Providing online marketplaces for sellers of goods and/or services; 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; Coordination of the procurement and distribution of monetary donations” in International Class 35;

 

“Online charitable fundraising services; Providing fundraising services for others via the internet and other communications networks” 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; Provision of 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; Photo sharing and video sharing services, namely, electronic transmission of digital photo and video files among internet users; Providing access to computer databases and online searchable databases in the fields of social networking and social introduction” in International Class 38;

 

“Providing online non-downloadable publications for software developers in the nature of blogs, articles, newsletters, manuals, notes, tutorials, instructional videos, and instructional guides in the fields of information technology and software development; Entertainment services, namely, providing video games; Providing online video games; Providing online computer games and interactive video games; Providing online game software; Entertainment services, namely, providing interactive 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; Computer services in the nature of providing temporary use of online non-downloadable software that facilitates the creation of customized electronic personal and group profiles or webpages featuring user-defined or specified information, including, audio, video, images, text, content, and data; Providing online network environments 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; Providing temporary use of online non-downloadable software 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; Providing online network environments featuring technology that enables users 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; Providing online network environments 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, providing online network environments 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 social networking; 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; User verification services, namely, providing user authentication of personal identification information using single sign-on technology for online software applications; Providing online network environment featuring technology for facilitating the exchange and sale of services and products of third parties via computer and communication networks; Providing an online network environment featuring technology for connecting sellers with buyers” in International Class 42; and

 

“Internet-based social introduction and networking services; Online social networking services; Providing information in the form of databases featuring information in the fields of social networking and social introduction” 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 non-final office action

 

If applicant does not respond to this Office action within the six-month period for response, the following goods and/or services in International Classes 9 and 36 will be deleted from the application:

 

“Software providing a virtual marketplace; 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” in International Class 9;

 

“Providing fundraising services for others via the internet and other communications networks, namely, the distribution of charitable donations” in International Class 36.

 

The application will then proceed with the remaining goods and/or services.  See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

 

 

/Sung In/

Sung In

Trademark Examining Attorney

Law Office 103

Phone: (571) 272-9097

Fax: (571) 272-9103

Email: sung.in@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 June 15, 2020 for

U.S. Trademark Application Serial No. 88262591

 

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. 

 

 

/Sung In/

Sung In

Trademark Examining Attorney

Law Office 103

Phone: (571) 272-9097

Fax: (571) 272-9103

Email: sung.in@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 June 15, 2020, 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.”