NOTE TO THE FILE
SERIAL NUMBER: 88268966
DATE: 04/03/2019
NAME: cdetmer1
NOTE:
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantX Changed TRADEUPS to: Include updated ID.
From: David Yang [mailto:dyang@hycounsel.com]
Sent: Wednesday, April 03, 2019 11:46 AM
To: Detmer, Carolyn <Carolyn.Detmer1@USPTO.GOV>
Cc: Matthew Hawkinson <mhawkinson@hycounsel.com>
Subject: Re: 88268961 APDOT and 88268966 APDOT (with design) USPTO Application Amendment Request
Dear Ms. Detmer:
We appreciate your attention to our file and for your helpful suggested amendments.
Your suggestions are acceptable to us, aside from one further change we would like to make with respect to International Class 009, which is to add the text “downloadable software for interconnecting, managing, securing and operating local and wide area networks.” Our original intent with the description in the application as filed was to cover both software that could be sold with hardware as well as software that could be downloaded from another source. Since your suggested amendment would narrow the scope to just the first of those cases, we would like to add a separate reference to downloadable software. Our suggestion is shown in underlined text below.
International Class 009: computer hardware and recorded software for interconnecting, managing, securing and operating local and wide area networks sold as a unit; downloadable software for interconnecting, managing, securing and operating local and wide area networks; wireless communications devices, namely, wireless hardware and recorded software for the transmission of voice, data, audio, and video; downloadable publications, namely, electronic instructional publications in the form of manuals, guides, test materials, and magazines in the fields of network communications, and managing, operating and using local, wide and global networks; Downloadable computer software used for building social networking platforms, namely,
for use in providingto provide online communications among usersandfor creatingwhich allows users to create customized on-line web pages featuring user-defined information, personal profiles, and information; wireless communication electronic devices for recording, organizing, transmitting, and reviewing voice, audio, video, and data files; consumer electronics, namely, computer data networking and telecommunications hardware and recorded software for the transmission of voice, data, audio, and video; computer hardware
Please let us know if the above is acceptable to you.
Please do add International Class 042 as you suggested. We authorize a charge to our deposit account # 602444 for adding the class.
Thank you very much.
David
David Yang
Hawkinson Yang LLP
(213) 634-0341 | dyang@hycounsel.com
From: Detmer, Carolyn <Carolyn.Detmer1@USPTO.GOV>
Sent: Wednesday, April 3, 2019 6:40 AM
To: David Yang
Cc: Matthew Hawkinson
Subject: 88268961 APDOT and 88268966 APDOT (with design) USPTO Application Amendment Request
Dear Mr. Yang,
I am the trademark examining attorney handling the trademark applications for APDOT (88268961 and 88268966). In review, there is one issue that can be corrected via Examiners Amendment without the need for an office action.
Specifically, I require an amended identification of the goods identified in International Class 009 because the some of the wording is indefinite and must be clarified because. Specifically, the suggested identification would read, with suggested changes underlined:
International Class 009: computer hardware and recorded software for interconnecting, managing, securing and operating local and wide area networks sold as a unit; wireless communications devices, namely, wireless hardware and recorded software for the transmission of voice, data, audio, and video; downloadable publications, namely, electronic instructional publications in the form of manuals, guides, test materials, and magazines in the fields of network communications, and managing, operating and using local, wide and global networks; Downloadable computer software used for building social networking platforms, namely,
for use in providingto provide online communications among usersandfor creatingwhich allows users to create customized on-line web pages featuring user-defined information, personal profiles, and information; wireless communication electronic devices for recording, organizing, transmitting, and reviewing voice, audio, video, and data files; consumer electronics, namely, computer data networking and telecommunications hardware and recorded software for the transmission of voice, data, audio, and video; computer hardware
International Class 042: software as a service (SAAS) services, namely, computer software for creating an online community for registered users to
social networking, namely, for use in providingengage in online communications among users, engage in social networking, andforcreatingcreate customized on-line web pages featuring user-defined information, personal profiles, and information
Please let me know if you would approve of my amending the identification as described. Please note that if applicant wishes to add one or more additional classes to the application, an additional fee of $275.00 per added class will be necessary. In that case, I will make any approved changes and issue a Priority action requiring payment of the fee. Any added class will remain inactive until the fee is paid, unless applicant specifies otherwise. Alternatively, if you or applicant has a deposit account with the USPTO, you can provide that account number and authorize the charges against that account.
If you have any questions, comments, or concerns please feel free to call or e-mail me using the information provided in my signature block below. Please respond no later than 2 PM EST on Friday, April 5, 2019. Thank you.
Best,
Carolyn Detmer
Carolyn Detmer
Trademark Examining Attorney
Law Office 127
(571) 272-2722
Please note that although all relevant e-mail communications will be placed in the official application record, this email communication does not constitute a formal response to an office action. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.