To: | Amazon Technologies, Inc. (ipdocketing@haynesboone.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88319731 - FIREVIEW - 43603.4263 |
Sent: | 5/14/2019 3:09:08 PM |
Sent As: | ECOM121@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88319731
MARK: FIREVIEW
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Amazon Technologies, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 5/14/2019
PARTIAL REQUIREMENT
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
IDENTIFICATION AND CLASSIFICATION OF GOODS AND SERVICES
The wording “mice” in the identification of goods is indefinite and must be clarified because the computer nature of the mice must be specified. Id.
The wording “wires” in the identification of goods is indefinite and must be clarified because the nature of the wires must be specified. Id.
The wording “cable adapters” in the identification of goods is indefinite and must be clarified because the electric nature of the adapters must be specified. Id.
The wording “printers” in the identification of goods is indefinite and must be clarified because the nature of the printers must be specified. Id.
The wording “remote controls” in the identification of goods is indefinite and must be clarified because the device the controls are for must be specified. Id.
The wording “headsets” in the identification of goods is indefinite and must be clarified because the nature of the headsets must be specified. Id.
The wording “speakers” in the identification of goods is indefinite and must be clarified because the audio nature of the speakers must be specified. Id.
The wording “cases, covers, holders, privacy display screen protectors, protective screens and stands” in the identification of goods is indefinite and must be clarified because the device the goods apply to must be specified. Id.
Applicant has included the term “and/or” or “or” in the identification of goods and/or services. However, this term is generally not accepted in identifications when (1) it is unclear whether applicant is using the mark, or intends to use the mark, on all the identified goods or services; (2) the nature of the goods and services is unclear; or (3) classification cannot be determined from such wording. See TMEP §1402.03(a). In this case, it is unclear if the applicant intends to use the mark on all the identified goods.
An application must specify, in an explicit manner, the particular goods or services on or in connection with which the applicant uses, or has a bona fide intention to use, the mark in commerce. See 15 U.S.C. §1051(a)(2), (b)(2); 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Therefore, applicant should replace “and/or” or “or” with “and” in the identification of goods or services, if appropriate, or rewrite the identification with the “and/or” or “or” deleted and the goods or services specified using definite and unambiguous language.
Applicant may substitute the following wording, if accurate (suggested changes in bold):
Class 009: Downloadable Computer and electronic game programs; audio, visual and audiovisual works in the nature of digitally recorded music files prerecorded on compact discs and downloadable via the Internet; motion picture films featuring comedy, drama, animation, action, horror, fantasy, family, fiction and documentaries prerecorded on optical disks and downloadable via the Internet; television shows about comedy, drama, animation, action, horror, fantasy, fiction and documentaries prerecorded on optical disks and downloadable via the Internet; electronic books, magazines, newspapers, periodicals, newsletters, journals, manuals and audiobooks in the field of fiction prerecorded on computer media and downloadable via the Internet; Downloadable computer software development tools; Downloadable desktop publishing software; Downloadable software for text, image and sound transmission, editing and display used in the publishing industry; Downloadable game software; Downloadable software in the nature of drivers and firmware for operating computers, tablets and digital devices; Downloadable software for accessing, broadcasting, caching, encoding, formatting, converting, transmitting, receiving, streaming, storing, decoding, downloading, displaying, sharing and transferring data, text, images, graphics, photos, files, documents, applications, audio, video, and digital media; electronic devices, namely, computers, tablet computers, electronic book readers, electronic personal organizers, personal digital assistants, mobile telephones, global positioning system (GPS) navigation devices, digital audio and video players and recorders, digital media players and recorders, audio amplifiers, audio speakers, audio receivers, electric power converters, and inverters, home theater systems comprising audio amplifiers and audio speakers, and portable and handheld digital electronic devices for transmitting, storing, manipulating, recording, and reviewing text, images, audio, video and data; parts, peripherals, components, cables and accessories for electronic devices, namely, computer mice, keyboards, flat panel display screens, Video monitors, electric wires, cables, cable connectors, Electric cable adapters, modems, Document printers, remote controls for {indicate specific devices, e.g. radios, televisions, stereos} [excluding gaming apparatus], disk drives, memory cards, memory card readers, memory card adapters, electronic docking stations, batteries, battery chargers, headsets for use with computers, headphones and earphones, audio speakers, speaker enclosures, microphones, cellphone cases, cellphone covers, cellphone holders, privacy display screen protectors specially adapted to {indicate specific device, e.g., laptops, cell phones, personal digital assistants, etc.} [excluding gaming apparatus], protective screens adapted for use with {specify type of electronic equipment, e.g., computers, televisions, PC tablets, etc.} [excluding gaming apparatus], and stands for personal digital electronic devices, namely, {indicate specific device, e.g., cell phones, MP3 players, personal digital assistants, etc.} [excluding gaming apparatus]; and computer hardware, peripherals and cables; downloadable text, images, audio, video, data, webcasts and podcasts in the field of {specify field}
Class 035: Acceptable as applied for.
Class 038: Providing access to non-downloadable pre-recorded audio, visual and audiovisual works, namely, electronic transmission and streaming of digital media and digitally recorded music, movies, television shows, photos, books, magazines, newspapers, periodicals, newsletters, journals, manuals and audiobooks for others via global and local computer networks; providing multiple user access to a global computer information network; communication services, namely, transmitting, receiving, streaming, broadcasting and transferring text, images, audio, video, data, webcasts and podcasts via telecommunications networks, wireless communications networks, and the Internet; telecommunication services, namely, providing telecommunication connectivity services for transfer of images, messages, audio, visual, audiovisual and multimedia works for electronic devices; telecommunication services, namely, online chat rooms for transmission of messages among users in the field of {indicate field or subject}; providing internet access to online directories, websites, blogs, and on-line reference materials; electronic data transmission services
Class 041: Acceptable as applied for.
Class 042: Website hosting and web hosting of third party digital data, content, photos, videos, text, data, images, web sites and other digital content; web hosting of digital content on global computer networks, wireless networks, and electronic communications networks; computer services, namely, creating online and virtual communities for users to participate in discussions, obtain feedback, from virtual communities, and engage in social networking in the field of {indicate specific field, e.g., mathematics, music, etc.}; design and development of computer software; document data transfer from one computer format to another; search services, namely providing online search engines and providing search platforms to allow users to request and receive, content, text, visual works, audio works, audiovisual works, literary works, data, files, documents, photos, text, data, images and electronic works; computer software programming, consulting, support in the nature of updating and installing software and troubleshooting of software and hardware problems, and maintenance; providing temporary use of non-downloadable computer software and hosting online facilities for others for publishing, online gaming, operating retail and e-commerce web sites, software development, and accessing, broadcasting, caching, encoding, formatting, converting, transmitting, receiving, streaming, storing, decoding, downloading, displaying, sharing and transferring data, text, images, graphics, photos, files, documents, applications, audio, video, and digital media; providing temporary use of non-downloadable computer software for generating customized purchase recommendations; providing an internet website portal featuring electronic device management and configuration services
See TMEP §§1402.01, 1402.03
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
Response guidelines. For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
If applicant does not timely respond to this Office action, the following goods and services will be deleted from the application: Computer and electronic game programs; audio, visual and audiovisual works in the nature of digitally recorded music files prerecorded on compact discs or downloadable via the Internet; motion picture films featuring comedy, drama, animation, action, horror, fantasy, family, fiction and documentaries prerecorded on optical disks or downloadable via the Internet; television shows about comedy, drama, animation, action, horror, fantasy, fiction and documentaries prerecorded on optical disks or downloadable via the Internet; electronic books, magazines, newspapers, periodicals, newsletters, journals, manuals and audiobooks in the field of fiction prerecorded on computer media or downloadable via the Internet; computer software development tools; desktop publishing software; software for text, image and sound transmission, editing and display used in the publishing industry; game software; software in the nature of drivers and firmware for operating computers, tablets and digital devices; software for accessing, broadcasting, caching, encoding, formatting, converting, transmitting, receiving, streaming, storing, decoding, downloading, displaying, sharing and transferring data, text, images, graphics, photos, files, documents, applications, audio, video, and digital media; mice; printers; wires; monitors; remote controls; cable adapters; headsets; speakers; cases, covers, holders, privacy display screen protectors, protective screens, and stands; telecommunication services, namely, online chat rooms; web hosting of digital content on global computer networks, wireless networks, and electronic communications networks; computer services, namely, creating online and virtual communities for users to participate in discussions, obtain feedback, form virtual communities, and engage in social networking. See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the following goods, services and classes only: electronic devices, namely, computers, tablet computers, electronic book readers, electronic personal organizers, personal digital assistants, mobile telephones, global positioning system (GPS) navigation devices, digital audio and video players and recorders, digital media players and recorders, audio amplifiers, audio speakers, audio receivers, electric power converters, and inverters, home theater systems comprising audio amplifiers and audio speakers, and portable and handheld digital electronic devices for transmitting, storing, manipulating, recording, and reviewing text, images, audio, video and data; parts, peripherals, components, cables and accessories for electronic devices, namely, keyboards, flat panel display screens, cables, cable connectors, modems, disk drives, memory cards, memory card readers, memory card adapters, electronic docking stations, batteries, battery chargers, headphones and earphones, speaker enclosures, microphones, and computer hardware, peripherals and cables; Class 035, Providing access to non-downloadable pre-recorded audio, visual and audiovisual works, namely, electronic transmission and streaming of digital media and digitally recorded music, movies, television shows, photos, books, magazines, newspapers, periodicals, newsletters, journals, manuals and audiobooks for others via global and local computer networks; providing multiple user access to a global computer information network; communication services, namely, transmitting, receiving, streaming, broadcasting and transferring text, images, audio, video, data, webcasts and podcasts via telecommunications networks, wireless communications networks, and the Internet; telecommunication services, namely, providing telecommunication connectivity services for transfer of images, messages, audio, visual, audiovisual and multimedia works for electronic devices; providing internet access to online directories, websites, blogs, and on-line reference materials; electronic data transmission services; Class 041 and Website hosting and web hosting of third party digital data, content, photos, videos, text, data, images, web sites and other digital content; web hosting of digital content on global computer networks, wireless networks, and electronic communications networks; design and development of computer software; document data transfer from one computer format to another; search services, namely providing online search engines and providing search platforms to allow users to request and receive, content, text, visual works, audio works, audiovisual works, literary works, data, files, documents, photos, text, data, images and electronic works; computer software programming, consulting, support in the nature of updating and installing software and troubleshooting of software and hardware problems, and maintenance; providing temporary use of non-downloadable computer software and hosting online facilities for others for publishing, online gaming, operating retail and e-commerce web sites, software development, and accessing, broadcasting, caching, encoding, formatting, converting, transmitting, receiving, streaming, storing, decoding, downloading, displaying, sharing and transferring data, text, images, graphics, photos, files, documents, applications, audio, video, and digital media; providing temporary use of non-downloadable computer software for generating customized purchase recommendations; providing an internet website portal featuring electronic device management and configuration services. See TMEP §718.02(a).
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.
/George Murray/
Examining Attorney
Law Office 121
571-270-5101
George.Murray@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.