Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

PARTIAL ABANDONMENT – APPLICATION HAS BEEN AMENDED

The above-referenced application is partially abandoned because applicant did not file a notice of appeal to the Trademark Trial and Appeal Board within six months from the date of issuance of the final Office action, and there is no time remaining in the six-month period.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a)-(a)(1), 2.142(a); TMEP §§715.01, 718.02(a). 

The final Office action dated October 21, 2019, included requirements that applied to only a portion of the application, which were maintained in a subsequent Office action denying applicant’s request for reconsideration; therefore, only that portion of the application is abandoned.  See 15 U.S.C. §1062(b); 37 C.F.R. §2.65(a)(1); TMEP §718.02(a).

Specifically, in a Request for Reconsideration on October 25, 2019, applicant successfully added International Class 42 and appropriate language for that international class’ services.  However, the language for International Class 9 was still unacceptable.  In the denial letter sent on November 15, 2019, the requirements for amending International Class 9 were clearly outlined; however, a new Request for Reconsideration was never submitted on this application.

Thus, the following portion of the identification that was the subject of the requirement will be deleted from the application:  “Computer software for use in e-business and in securities trading by providing real time streaming data using wireless, Internet, voice, and private line technologies and transmission mechanisms” in International Class 9.

The application will proceed with the following identification:  “Providing temporary use of on-line, nondownloadable software applications for use in e-business and in securities trading by providing real time streaming data using wireless, internet, voice and private line technologies and transmission mechanisms” in International Class 42.

Applicant may respond by filing a petition to the Director to request a reversal of the decision to abandon the application in part.  TMEP §§715.03(a)(ii)(D), 718.02(a), 1713.01; see 37 C.F.R. §2.146(a)(3).  However, the Director will reverse the decision only if there is clear error or an abuse of discretion.  In re GTE Educ. Servs., 34 USPQ2d 1478, 1479-80 (Comm’r Pats. 1994); TMEP §§715.03(a)(ii)(D), 1713.01.  The petition must be filed using the Trademark Electronic Application System (TEAS) Petition to the Director form with the required fee.  See 37 C.F.R. §§2.23(a), 2.146(c). 

Cameron McBride

/Cameron McBride/

Examining Attorney - Trademarks

Law Office 106

(571) 272-0542

Cameron.McBride@uspto.gov

United States Patent and Trademark Office (USPTO)

USPTO OFFICIAL NOTICE

Office Action (Official Letter) has issued

on June 09, 2020 for

U.S. Trademark Application Serial No. 88297935

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

(1)  Read the official letter.  No response is necessary.

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

Cameron McBride

/Cameron McBride/

Examining Attorney - Trademarks

Law Office 106

(571) 272-0542

Cameron.McBride@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).

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.”