To: | STREAMINGEDGE, INC. (nwekeadmin@nwekegroup.com) |
Subject: | U.S. Trademark Application Serial No. 88297935 - STREAMCLEAR - N/A - Request for Reconsideration Denied - No Appeal Filed |
Sent: | November 15, 2019 10:26:30 AM |
Sent As: | ecom106@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88297935
Mark: STREAMCLEAR
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Correspondence Address: |
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Applicant: STREAMINGEDGE, INC.
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Reference/Docket No. N/A
Correspondence Email Address: |
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REQUEST FOR RECONSIDERATION
AFTER FINAL ACTION
DENIED
Issue date: November 15, 2019
Specifically, applicant has still not corrected the language in International Class 9 to state that the computer software applications are of a “downloadable” nature. The identification for software in International Class 9 is indefinite and too broad and must be clarified to specify whether the format is downloadable, recorded, or online non-downloadable. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.03(d), 1402.11(a). Downloadable and recorded goods are in International Class 9, whereas providing their temporary, online non-downloadable use is a service in International Class 42. See TMEP §1402.03(d).
In addition, applicant has omitted the word “applications” from the new identification, and this word must be reinserted in order to prevent any scope issues.
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below
offers guidance and/or shows the changes being proposed for the identification of goods and services. If there is wording in the applicant’s version of the
identification of goods and services which should be removed, it will be shown with a line through it such as this: strikethrough. When making its amendments,
applicant should enter them in standard font, not in bold, in italics, underlined and/or in ALL CAPS.
Applicant may adopt the following wording, if accurate:
International Class 9: DOWNLOADABLE computer 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
International Class 42: 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
Accordingly, the following requirements made final in the Office action dated October 21, 2019, are maintained and continued:
• Identification & Classification of Goods and Services
• Multiple-Class Application Requirements
See TMEP §§715.03(a)(ii)(B), 715.04(a).
If applicant has already filed an appeal with the Trademark Trial and Appeal Board, the Board will be notified to resume the appeal. See TMEP §715.04(a).
If applicant has not filed an appeal and time remains in the six-month response period, applicant has the remainder of that time to (1) file another request for reconsideration that complies with and/or overcomes any outstanding final requirements, and/or (2) file a notice of appeal to the Board. TMEP §715.03(a)(ii)(B). Filing a request for reconsideration does not stay or extend the time for filing an appeal. 37 C.F.R. §2.63(b)(3); see TMEP §715.03(c).
Cameron McBride
/Cameron McBride/
Examining Attorney - Trademarks
Law Office 106
(571) 272-0542
Cameron.McBride@uspto.gov