Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  November 05, 2019

 

Application has been amended as shown below.  As agreed to by Allison Ricketts on October 29, 2019, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

 

Amendment to the Identification of Services in International Classes 035, 042, and 043

 

The identification of services is amended to read as follows:

 

“Incubation services, namely, providing office space containing business equipment to emerging, start-up and existing companies; Providing facilities for business meetings and business events; Business operation of commercial real estate, offices and office space for others; Business operation of commercial real estate, offices and office space for others, namely, shared office venues with conference facilities; Providing office-share services in the nature of providing facilities for the use of office equipment and machinery; Incubation services in the nature of providing work space containing business equipment to freelancers, start-ups, existing businesses and non-profits, namely, providing co-working facilities equipped with private offices, office equipment, mailroom, printing center, receptionist, kitchen, meeting rooms, telecommunications equipment and other office amenities; Business information services; Providing work space containing primarily business equipment and also other amenities to emerging, start-up and existing companies; Business development services in the nature of providing start-up support for businesses of others; Providing office support staff services; Providing office functions support services; Online business networking services; Business negotiation with providers of insurance, banking, credit card processing, travel and transportation services, to enable participant members of a business community to obtain discounts on the purchase of those services from others; Computer assisted business information and research services; Assistance and advice regarding business location; Arranging and conducting special events, parties, camps, and concerts for advertising and promotional purposes; Providing career placement services and providing on-line employment information in the field of careers, job listings, job resources and resumes; Job placement; Personnel placement and recruitment; Providing on-line employment placement services in the nature of matching resumes and potential employers; Providing career information; Business networking services; Business consultation services in the nature of office space design; Business management and organization consultancy; Real estate marketing analysis; Providing electronic tracking of real estate assets to others for business purposes; Planning, design, development, maintenance, tracking and reporting of real estate construction projects for third parties for business purposes; Business project management services for others; Business consulting services in the fields of spatial layout and infrastructure architecture and interior design; Business consulting services in the field of spatial management to optimize business process efficiency and decision-making; Computer-aided optimization and management, namely, managing logistics and physical spaces for business purposes; Retail convenience stores, on-line retail convenience stores and providing an on-line searchable database for the sale of goods and services of others; Providing an on-line searchable ordering guide for locating, organizing and presenting goods and services of other on-line vendors; Gift and sundries retail store services” in International Class 035,

 

“Architectural design; Interior design services; Design of specialty interior and exterior environment settings; Graphic design services; Industrial design services; Engineering services for building and property condition assessment, facility management, repair and restoration and building instrumentation; Interior design services, namely, information and data analysis relating to planning and laying out design for the interior space and fixtures of buildings and offices; Planning of buildings and infrastructure systems for buildings; Non-downloadable computer software platform for the purposes of monitoring, analyzing and controlling environmental conditions and devices within a building, facility, grounds of designated spatial area and providing information to manage activities in the area; Non-downloadable computer software platform for the purposes of facilities management users to control building environment, access and security systems; Non-downloadable computer software platform and software as a service (SAAS) for the purposes of spatial mapping of floor plans and fixtures; Non-downloadable computer software platform and software as a service (SAAS) for the purposes of management of spatial information for the purpose of space optimization within a building or other facility; Non-downloadable computer software platform and software as a service (SAAS) for the purposes of visualization, animation and analytics of spatial data; Non-downloadable software platform and software as a service (SAAS) for managing a pipeline of real estate deals and assets of others; Non-downloadable software platform and software as a service (SAAS) for administering leases, tracking lease negotiations and tracking lease documentation; Non-downloadable software platform and software as a service (SAAS) for administering and managing co-working facilities; Non-downloadable software platform and software as a service (SAAS) featuring technology enabling users to remotely view, monitor, program, operate and control electrical systems and security systems in offices; Planning and layout design services for interior space of business establishments; Data mining; Providing a website featuring technology enabling users to remotely view, monitor, program, operate and control electrical systems and security systems in offices; Non-downloadable visitor registration computer software that records entry and exit of visitors and collects visitor information; Non-downloadable visitor registration computer software that enables preparation and distribution of signed electronic visitor registration documents; Non-downloadable visitor registration computer software that enables the printing of visitor badges with photos; Non-downloadable visitor registration computer software that notifies others of the arrival of a visitor; Non-downloadable visitor registration computer software that prepares reports of visitors” in International Class 042, and

 

“Hospitality services, namely, providing temporary accommodations; Hospitality services, namely, providing of food and beverage; Providing meeting room space; Restaurant and cocktail lounge services” in International Class 043.

 

See TMEP §§1402.01, 1402.01(e).

 

 

WHAT HAPPENS NEXT

 

After the trademark examining attorney issues the examiner’s amendment, applicant will not receive a registration on the Principal Register for the applied-for mark until the mark makes it through the publication process and opposition period.  The publication process starts once the trademark examining attorney issues the examiner’s amendment and the mark is approved for publication in the USPTO’s Trademark Official Gazette, a weekly online publication.  The USPTO will then send a “Notice of Publication” to the applicant specifying the date its mark will publish in this publication.

 

The USPTO publishes applicant’s mark in the Trademark Official Gazette to provide third parties who believe they may be damaged by registration of applicant’s mark an opportunity to oppose registration of that mark within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on these matters.  If a third party opposes registration of applicant’s mark by instituting an opposition proceeding, the USPTO will send applicant notice of this opposition.  When this occurs, an applicant may wish to hire an attorney due to the complexity of these proceedings.

 

If no one opposes registration of the mark, and the mark was published based upon an applicant’s actual use of the mark in commerce or on a foreign registration, the USPTO generally registers the mark and issues a registration certificate within approximately twelve (12) weeks after the publication date.

 

If no one opposes registration of the mark, and the mark was published based upon an applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date.  Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request).  Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance.  If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request.  The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.

 

For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines.  Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.

 

 

ASSISTANCE

 

If applicant has any additional questions or needs further assistance, please email or telephone the assigned trademark examining attorney.

 

 

 

/J. Ian Dible/

J. Ian Dible

Examining Attorney

Law Office 111

(571) 272-0209

ian.dible@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 05, 2019 for

U.S. Trademark Application Serial No. 88317856

 

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. 

 

/J. Ian Dible/

J. Ian Dible

Examining Attorney

Law Office 111

(571) 272-0209

ian.dible@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.”