To: | IMAGEKEEPER, LLC (uspt@polsinelli.com) |
Subject: | U.S. Trademark Application Serial No. 88298170 - IMAGEKEEPER - 084842614064 |
Sent: | September 12, 2019 02:09:29 PM |
Sent As: | ecom103@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88298170
Mark: IMAGEKEEPER
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Correspondence Address: THREE EMBARCADERO CENTER, SUITE 2400
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Applicant: IMAGEKEEPER, LLC
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Reference/Docket No. 084842614064
Correspondence Email Address: |
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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: September 12, 2019
Upon further review of the present application, the examining attorney has determined that the following new requirement must issue:
requirement for Further clarification of Identification OF Class 042 Services
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN
The identification of goods in Class 009 is acceptable, as are the services in Class 042 not specifically indicated below.
The wording “Computer services, namely, online non-downloadable computer software platforms for securely integrating internet portal access and datacenters in order to provide users certified media with 3D geographic location information, data, and time, title, and group identifiers; Computer services, namely, online non-downloadable computer software technology for processing, securely transmitting, and certifying images, videos, sound recordings, and other visual media” in the identification of services is indefinite and must be clarified because a verb indicating that the services are “provided”, or otherwise rendered, is omitted from the identification wording, creating ambiguity as to the nature of the services. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must amend this wording 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.
Applicant may substitute the following wording, if accurate, for the entire identification of services in Class 042 (additional or alternative wording is in bold font; notes to applicant about how to clarify the identification wording are contained within brackets, but the amended identification should not include this bracketed text):
Platform as a service (PaaS) featuring computer software platforms for securely integrating Internet portal access and datacenters in order to provide users certified media with 3D geographic location information, date and time, title, and group identifiers; Platform as a Service (PaaS) featuring technology for processing, securely transmitting, and certifying images, videos, sound recordings, and other visual media; Computer services, namely, providing online non-downloadable computer software platforms for securely integrating internet portal access and datacenters in order to provide users certified media with 3D geographic location information, data, and time, title, and group identifiers; Computer services, namely, providing online non-downloadable computer software technology for processing, securely transmitting, and certifying images, videos, sound recordings, and other visual media
The identification of goods or services must be specific, definite, clear, accurate and concise. See In re Societe Generale des Eaux Minerales de Vittel S.A., 1 USPQ2d 1296 (TTAB 1986), rev'd on other grounds , 824 F.2d 957, 3 USPQ2d 1450 (Fed. Cir. 1987); Procter & Gamble Co. v. Economics Laboratory, Inc., 175 USPQ 505 (TTAB 1972), modified without opinion , 498 F.2d 1406, 181 USPQ 722 (C.C.P.A. 1974); In re Cardinal Laboratories, Inc., 149 USPQ 709 (TTAB 1966); California Spray-Chemical Corp. v. Osmose Wood Preserving Co. of America , Inc ., 102 USPQ 321 (Comm'r Pats. 1954); Ex parte A.C. Gilbert Co ., 99 USPQ 344 (Comm'r Pats. 1953).
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.
RESPONSE TO PARTIAL REQUIREMENT
If applicant should fail to respond to this Office action within the six-month period for response, then the following services will be deleted from the application: “Computer services, namely, online non-downloadable computer software platforms for securely integrating internet portal access and datacenters in order to provide users certified media with 3D geographic location information, data, and time, title, and group identifiers; Computer services, namely, online non-downloadable computer software technology for processing, securely transmitting, and certifying images, videos, sound recordings, and other visual media”. The application will then proceed with the goods in Class 009 and the following Class 042 services only: “Platform as a service (PaaS) featuring computer software platforms for securely integrating Internet portal access and datacenters in order to provide users certified media with 3D geographic location information, date and time, title, and group identifiers; Platform as a Service (PaaS) featuring technology for processing, securely transmitting, and certifying images, videos, sound recordings, and other visual media”. 37 C.F.R. §2.65(a).
EMAIL/Telephone response suggested
Applicant is encouraged to call or email the assigned trademark examining attorney below to resolve the issues in this Office action. Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
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.
How to respond. Click to file a response to this nonfinal Office action
/Kaelie E. Kung/
Examining Attorney
Law Office 103
571-272-8265
kaelie.kung@uspto.gov
RESPONSE GUIDANCE