Offc Action Outgoing

R

Rackspace US, Inc.

U.S. TRADEMARK APPLICATION NO. 88322295 - R - 60293-1081

To: Rackspace US, Inc. (glenn.bacal@bacalgroup.com)
Subject: U.S. TRADEMARK APPLICATION NO. 88322295 - R - 60293-1081
Sent: 3/25/2019 7:42:18 AM
Sent As: ECOM113@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION

 

U.S. APPLICATION SERIAL NO.  88322295

 

MARK: R

 

 

        

*88322295*

CORRESPONDENT ADDRESS:

       GLENN BACAL

       BACAL LAW GROUP, P.C.

       6991 EAST CAMELBACK ROAD, SUITE D-102

       SCOTTSDALE, AZ 85251

       

 

CLICK HERE TO RESPOND TO THIS LETTER:

http://www.gov.uspto.report/trademarks/teas/response_forms.jsp

 

VIEW YOUR APPLICATION FILE

 

APPLICANT: Rackspace US, Inc.

 

 

 

CORRESPONDENT’S REFERENCE/DOCKET NO:  

       60293-1081

CORRESPONDENT E-MAIL ADDRESS: 

       glenn.bacal@bacalgroup.com

 

 

 

OFFICE ACTION

 

STRICT DEADLINE TO RESPOND TO THIS LETTER

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: 3/25/2019

 

 

 

 

 

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.  

 

 

 

The referenced application has been reviewed by the assigned trademark examining attorney.  Applicant must respond timely and completely to the issue(s) below.  15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.

 

 

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).

 

SUMMARY OF ISSUES:

 

  • Requirement: Definite identification of services
  • Advisory: Multiclass application requirements

 

 

 

REQUIREMENT: DEFINITE IDENTIFICATION OF SERVICES

 

 It is the applicant's duty and prerogative to identify the goods and services so that they are definite and properly classified. TMEP §1402.01(e).

 

 The USPTO has the discretion to determine the degree of particularity needed to clearly identify goods and/or services covered by a mark.  In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d 1593, 1597 (TTAB 2014) (citing In re Omega SA, 494 F.3d 1362, 1365, 83 USPQ2d 1541, 1543-44 (Fed. Cir. 2007)).  Accordingly, the USPTO requires the description of goods and/or services in a U.S. application to be specific, definite, clear, accurate, and concise.  TMEP §1402.01; see In re Fiat Grp. Mktg. & Corp. Commc’ns S.p.A, 109 USPQ2d at 1597-98; Cal. Spray-Chem. Corp. v. Osmose Wood Pres. Co. of Am., 102 USPQ 321, 322 (Comm’r Pats. 1954). 

 

 As “the examining attorney may require amendment of the identification of goods and/or services to ensure that it is clear and accurate and conforms to the requirements of the statute and rules,” the examining attorney requires the following amendments to the identification of services. TMEP §1402.01(e).  

 

The wording “Computer services, namely, cloud hosting provider services, managed hosting, server hosting, managed software hosting, and website hosting services;” in the identification of services is indefinite and must be further clarified to indicate the nature of the cloud hosting and managed hosting services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “Computer services, namely, cloud hosting provider services, server hosting, and managed hosting services in the nature of hosting the software and websites of others through virtual servers and managed data center facilities.”

 

The wording “Technical support services, namely, remote and on-site hosting, database, data, Internet, software, administration and infrastructure management services for others;” in the identification of services is indefinite because “infrastructure management services for others” and its “on-site hosting, database, data, Internet, software” must be must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  “Technical support services, namely, remote and on-site infrastructure management services for administration and hosting of public and private cloud computing IT application systems relating to databases, data, the Internet, cloud computing software.”

 

The wording “Technical support services, namely, monitoring, administration and management of cloud computing, information technology, devices, and application systems” in the identification of services must be clarified because it is indefinite as well as too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  Technical support services for devices are generally Class 37 services while troubleshooting services for software are generally Class 42 services. Applicant must also further clarify “cloud computing, information technology, devices, and application systems” for this wording to be considered definite.  Applicant may substitute the following wording, if accurate:  in Class 37: “Technical support services, namely, providing technical advice regarding the monitoring, administration and management of consumer electronic devices” and “Technical support services, namely, providing technical advice in the field of information technology as it pertains to the monitoring, administration and management of cloud-based software application systems” in Class 42.

 

The wording “Infrastructure as a service (IAAS)” in the identification of services is indefinite and must be further clarified to indicate the specific nature of these services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Enterprise class Infrastructure as a Service (IaaS), namely, cloud based disaster data recovery services.

 

The wording “Computer technology support services, namely, … troubleshooting services” in the identification of services must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  Technology support services for software are in Class 42 and are generally in Class 37 if the related to the repair of devices or hardware. Applicant may substitute the following wording, if accurate:  in Class 37, “Computer technology support services, namely, troubleshooting in the nature of the repair of computer hardware;” and “Computer technology support services, namely, help desk services and diagnosing computer software problems” in Class 42.

 

The wording “Application service provider featuring application programming interface (API)” in the identification of services is indefinite and must be further clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Application service provider (ASP), namely, hosting application programming interface (API) software applications of others.

 

The wording “Server and device administration services” in the identification of services is indefinite and must be further clarified to indicate the nature of the administration services that applicant provides and the nature of the devices for which applicant provides them.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Computer security services in the nature of administering digital certificates for servers and smartphones.

 

The wording “Computer software platform administration services” in the identification of services is indefinite and must be clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Technical support services, namely, remote administration of computer software platform applications.

 

The wording “Managed computer storage services” in the identification of services must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  If applicant is physically storing computers, these services are in Class 39. If applicant is storing data, these services are in Class 42. Applicant may substitute the following wording in Class 42, if accurate: Electronic storage services, namely, managed computer data storage services.

 

The wording “Managed hosting services” in the identification of services is indefinite and must be clarified because to indicate the nature of the hosting services.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  Computer services, namely, managed cloud hosting provider services.

 

The wording “Providing guidance in the area of technology” in the identification of services must be clarified because it is indefinite as well as too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass “Business consulting services relating to the integration of the areas of business process technology, organizational learning, change management, and operational sustainability” in Class 35 as well as “Consulting in the field of virtualization technologies for enterprises and businesses” in Class 42. Applicant may substitute the following wording in Class 42, if accurate:  Consulting in the field of virtualization technologies for enterprises and businesses.

 

The wording “Assisting customers in migrating to the cloud” in the identification of services is indefinite and must be further clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate: Cloud migration services in the nature of migration of computer software to the cloud for others.

 

The wording “Protecting and securing business data” in the identification of services is indefinite and must be clarified to indicate the manner by which the data is protected and secured.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  Data encryption services for providing security and anonymity for electronically transmitted business data in the nature company credit card transactions.

 

The wording “Network security management services” in the identification of services is indefinite and must be further clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate: Computer security services, namely, restricting unauthorized network access by users without credentials.

 

The wording “Addressing security, regulatory and compliance issues for others and consulting relating thereto” in the identification of services must be clarified because it is indefinite as well as too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass services like, “Providing consulting services in the field of regulatory submission management to medical companies to assist them with applications for medical device approval” in Class 35 and “Regulatory compliance consulting in the field of retirement plan administration” in Class 45. Applicant may substitute the following wording in Class 45, if accurate:  Regulatory compliance consulting in the field of information security technology.

 

The wording “Providing a customized infrastructure featuring dedicated servers and a hosting environment optimized for speed and availability” in the identification of services must be clarified because it is indefinite as well as too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass custom construction services in Class 37 as well as server development services in Class 42. Applicant may substitute the following wording in Class 37, if accurate: Custom construction of data center infrastructure featuring dedicated servers and a hosting environment optimized for speed and availability

 

The wording “Consolidating data centers for others” in the identification of services must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass construction type services in Class 37, and moving services in Class 39, among others. Therefore, applicant clarify the specific nature of its consolidation services.  Applicant may substitute the following wording in Class 37, if accurate: Building construction services, namely, construction of consolidated data centers.

 

The wording “Disaster recovery services” in the identification of services must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass “Disaster recovery services, namely, business planning and business continuity consulting” in class 35 as well as “Computer disaster recovery planning services” in Class 42. Applicant may substitute the following wording in Class 42, if accurate:  Computer disaster recovery planning services.

 

The wording “Providing a hybrid computer network for others” in the identification of services must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, depending upon the nature of applicant’s “providing” service, this wording could encompass “Installation of hybrid computer networking hardware” in Class 37 and “Telecommunications services for providing multiple-user access to a hybrid computer network” in Class 38, and among others. Applicant may substitute the following wording in Class 42, if accurate:  Computer network design for others, namely, providing hybrid computer networks for others.

 

The wording “Providing server virtualization services” in the identification of services is indefinite and must be further clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  Software as a service (SAAS) services featuring software for server virtualization.

 

The wording “Providing on demand distributed denial of services (DDoS) migration services” in the identification of services is indefinite and must be further clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  Data migration services, namely, migrating data for others after a demand distributed denial of services (DDoS) attack.

 

The wording “Providing dedicated servers that customers can scale to the cloud;” in the identification of services must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass retail services in Class 35 as well as computer services, if applicant states the kind of servers that it provides, in Class 42. Applicant may substitute the following wording, if accurate:  Computer services, namely, providing dedicated, virtual application servers that customers can scale to the cloud.

 

The wording “deployment of computer … infrastructure for others” in the identification of services is indefinite and must be further clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording in Class 37, if accurate: deployment of computer infrastructure for others, namely, installation of computer networking hardware.

 

The wording “Colocation service;” in the identification of services must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass services in Class 38 and 42. Applicant may substitute the following wording, if accurate: “Providing co-location services for voice, video and data communications applications” in Class 38 and “Computer co-location services, namely, providing facilities for the location of computer servers with the equipment of others” in Class 42.

 

The wording “Application management services;” in the identification of services must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass multiple services in Class 35 and 42, including “Regulatory submission management, namely, assisting others in preparing and filing applications for new drugs with governmental regulatory bodies” in Class 35 and “Internet-based application service provider, namely, managing the code, applications, and software for web sites of other” in Class 42. Applicant may substitute the following wording, if accurate in Class 42: Internet-based application service provider, namely, managing the code, applications, and software for web sites of others.

 

The wording “Managing analytics platforms for others” in the identification of services is indefinite; the nature of the analytic platform and the nature by which applicant provides these management services must be further clarified.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  Platform as a service (PAAS) featuring computer software platforms for use in database management in the field of customer behavior analytics

 

The wording “Managing and interpreting data regarding customer behavior for others” in the identification of services must be clarified because it is indefinite as well as too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass services in Classes 35 and Class 42 among others depending upon the manner by which applicant provides these services and the specific customer behavior data.  Applicant may substitute the following wording in Class 35, if accurate:  Managing and interpreting data regarding customer behavior for others, namely, tracking, reporting, analyzing and delivering customer energy information in the form of utility bills and utility meter data rate schedules.

 

The wording “Database administration services” in the identification of services for must be clarified because it is too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass a variety of administration services in Class 35 as well as “Technical support services, namely, administration of database applications” in Class 42. Applicant may substitute the following wording, if accurate:  “database administration services, namely, updating and maintenance of data in computer databases” in Class 35 and “Technical support services, namely, administration of database applications” in Class 42.

 

The wording “architecture services” in “Database design and architecture services” in the identification of services is indefinite and must be clarified to indicate the specific kind of architecture services that applicant provides.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  architectural services.

 

The wording “Technical support services” in the identification of services for must be clarified because it is indefinite as well as too broad and could include services in other international classes.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  In particular, this wording could encompass Technical support services, namely, troubleshooting in the nature of the repair of computer hardware in Class 37 as well as “Technical support services, namely, installation, administration, and troubleshooting of web and database applications” in Class 42. Applicant may substitute the following wording, if accurate:  “Technical support services, namely, troubleshooting in the nature of the repair of computer hardware” in Class 37 and “Technical support services, namely, installation, administration, and troubleshooting of web and database applications” in Class 42.

 

The wording “Providing e-mail services, namely, electronic mail security and virus protection services” in the identification of services is indefinite and must be clarified to indicate the manner in which applicant provides these services in relation to email.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may substitute the following wording, if accurate:  Computer security services, namely, providing virus protections services for electronic mail and scanning of electronic mail for security threats

 

The wording “customers and/or potential customers” in “Providing a web hosting platform for customers and/or potential customers” in the identification of services is indefinite. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Specifically, it is too vague as a class of potential users and must be clarified.  Applicant may substitute the following wording, if accurate: Providing a web hosting platform for digital libraries.

 

 

In light of the foregoing, applicant may adopt the following identification of services in its entirety, if accurate:

 

               International Class 35: Database administration services, namely, updating and maintenance of data in computer databases; Managing and interpreting data regarding customer behavior for others, namely, tracking, reporting, analyzing and delivering customer energy information in the form of utility bills and utility meter data rate schedules

 

               International Class 37:  Technical support services, namely, troubleshooting in the nature of the repair of computer hardware; Deployment of computer infrastructure for others, namely, installation of computer networking hardware; Technical support services, namely, providing technical advice regarding the monitoring, administration and management of consumer electronic devices; Computer technology support services, namely, troubleshooting in the nature of the repair of computer hardware; Custom construction of data center infrastructure featuring dedicated servers and a hosting environment optimized for speed and availability; Building construction services, namely, construction of consolidated data centers

 

               International Class 38: Providing co-location services for voice, video and data communications applications

 

               International Class 42: Computer services, namely, cloud hosting provider services, server hosting, and managed hosting services in the nature of hosting the software and websites of others through virtual servers and managed data center facilities; Technical support services, namely, remote and on-site infrastructure management services for administration and hosting of public and private cloud computing IT application systems relating to databases, data, the Internet, cloud computing software; Technical support services, namely, providing technical advice in the field of information technology as it pertains to the monitoring, administration and management of cloud-based software application systems; Enterprise class Infrastructure as a Service (IaaS), namely, cloud based disaster data recovery services; Computer technology support services, namely, help desk services and diagnosing computer software problems; Application service provider (ASP), namely, hosting application programming interface (API) software applications of others; Computer security services in the nature of administering digital certificates for servers and smartphones; Technical support services, namely, remote administration of computer software platform applications; Electronic storage services, namely, managed computer data storage services; Electronic storage services, namely, managed computer data storage services; Computer services, namely, managed cloud hosting provider services; Consulting in the field of virtualization technologies for enterprises and businesses; Cloud migration services in the nature of migration of computer software to the cloud for others; Data encryption services for providing security and anonymity for electronically transmitted business data in the nature company credit card transactions; Computer security services, namely, restricting unauthorized network access by users without credentials; Computer disaster recovery planning services; Electronic data back-up services; Computer network design for others, namely, providing hybrid computer networks for others; Software as a service (SAAS) services featuring software for server virtualization; Data migration services, namely, migrating data for others after a demand distributed denial of services (DDoS) attack; Computer services, namely, providing dedicated, virtual application servers that customers can scale to the cloud; Research, design and deployment of computer software for others; Research and design of computer infrastructure for others; Computer co-location services, namely, providing facilities for the location of computer servers with the equipment of others; Internet-based application service provider, namely, managing the code, applications, and software for web sites of others; Business intelligence as a service; Applicant may substitute the following wording, if accurate:  Platform as a service (PAAS) featuring computer software platforms for use in database management in the field of customer behavior analytics; Technical support services, namely, administration of database applications; Database design and architectural services; Auditing application architecture and software delivery process for others; Technical support services, namely, installation, administration, and troubleshooting of web and database applications; Computer security services, namely, providing virus protections services for electronic mail and scanning of electronic mail for security threats Application service provider featuring application programming interface (API) software for receiving, validating and providing event notifications to users in the field of cloud computing, cloud hosting, managed hosting, server hosting and managed server hosting; Consulting services in field of computing and cloud computing; Computer software consulting; Computer programming; Maintenance of computer software; Providing a web hosting platform for digital libraries;

 

               International Class 45: Regulatory compliance consulting in the field of information security technology

 

 

Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Generally, any deleted goods and/or services may not later be reinserted.  See TMEP §1402.07(e).

 

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.

 

 

 

ADVISORY: MULTICLASS APPLICATION REQUIREMENTS

 

The application identifies goods and/or services in more than one international class; therefore, applicant must satisfy all the requirements below for each international class based on Trademark Act Section 1(b):

 

(1)        List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.

 

(2)        Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule).  The application identifies goods and/or services that could be classified in at least 5 classes; however, applicant submitted a fee(s) sufficient for only 1 class(es).  Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.

 

 

See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).

 

See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.

 

 

RESPONSE/CORRESPONDENCE INFORMATION & GUIDELINES

 

For consideration of arguments regarding any substantive refusal to be considered, they must be filed in a formal response.  TMEP §709.05.

 

Informal communications with the examining attorney “may not be used to request advisory opinions as to the likelihood of overcoming a substantive refusal.” TMEP §709.05.

 

“USPTO employees cannot give advice on trademark law.  It is inappropriate for USPTO personnel to give legal advice, to act as a counselor for individuals…. 37 C.F.R. §2.11.” TMEP §709.06.

 

Examining attorneys cannot provide any statements about applicants’ rights; “the examining attorney’s responsibility is limited to evaluating the registrability of the mark presented in the application. See In re Am. Physical Fitness Research Inst. Inc., 181 USPQ 127, 127–28 (TTAB 1974); see also TMEP §1801.” TMEP §705.02

 

The trademark examining attorney may only provide additional clarification pertaining to the refusal(s) and/or requirement(s) in this Office action.  To this end, applicant may telephone or e-mail the assigned trademark examining attorney. 

 

An e-mail communication will not be accepted as a response to this Office action and will not extend the deadline for filing a proper response; all relevant e-mail communications will be placed in the official application record. See 37 C.F.R. §§2.62 (c), 2.191; TMEP §§304.01-.02, 709.04-.05.

 

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.

 

To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp.  If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.  Additional instructions for responding to this Office action are located below the signature block.

 

If applicant does not respond to this Office action within six months of the issue/mailing date, or responds by expressly abandoning the application, the application process will end and the trademark will fail to register.  See 15 U.S.C. §1062(b); 37 C.F.R. §§2.65(a), 2.68(a); TMEP §§718.01, 718.02.  Additionally, the USPTO will not refund the application filing fee, which is a required processing fee.  See 37 C.F.R. §§2.6(a)(1)(i)-(iv), 2.209(a); TMEP §405.04.

 

 

/N. Gretchen Ulrich/

Trademark Examining Attorney

Law Office 113

U.S. Patent & Trademark Office

phone: (571) 272-1951

gretchen.ulrich@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.

 

 

U.S. TRADEMARK APPLICATION NO. 88322295 - R - 60293-1081

To: Rackspace US, Inc. (glenn.bacal@bacalgroup.com)
Subject: U.S. TRADEMARK APPLICATION NO. 88322295 - R - 60293-1081
Sent: 3/25/2019 7:42:19 AM
Sent As: ECOM113@USPTO.GOV
Attachments:

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 3/25/2019 FOR U.S. APPLICATION SERIAL NO. 88322295

 

Please follow the instructions below:

 

(1)  TO READ THE LETTER:  Click on this link or go to http://tsdr.uspto.gov,enter the U.S. application serial number, and click on “Documents.”

 

The Office action may not be immediately viewable, to allow for necessary system updates of the application, but will be available within 24 hours of this e-mail notification.

 

(2)  TIMELY RESPONSE IS REQUIRED:  Please carefully review the Office action to determine (1) how to respond, and (2) the applicable response time period.  Your response deadline will be calculated from 3/25/2019 (or sooner if specified in the Office action).  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.  For information regarding response time periods, see http://www.gov.uspto.report/trademarks/process/status/responsetime.jsp.

 

Do NOT hit “Reply” to this e-mail notification, or otherwise e-mail your response because the USPTO does NOT accept e-mails as responses to Office actions.  Instead, the USPTO recommends that you respond online using the TEAS response form located at http://www.gov.uspto.report/trademarks/teas/response_forms.jsp.

 

(3)  QUESTIONS:  For questions about the contents of the Office action itself, please contact the assigned trademark examining attorney.  For technical assistance in accessing or viewing the Office action in the Trademark Status and Document Retrieval (TSDR) system, please e-mail TSDR@uspto.gov.

 

WARNING

 

Failure to file the required response by the applicable response deadline will result in the ABANDONMENT of your application.  For more information regarding abandonment, see http://www.gov.uspto.report/trademarks/basics/abandon.jsp.

 

PRIVATE COMPANY SOLICITATIONS REGARDING YOUR APPLICATION:  Private companies not associated with the USPTO are using information provided in trademark applications to mail or e-mail trademark-related solicitations.  These companies often use names that closely resemble the USPTO and their solicitations may look like an official government document.  Many solicitations require that you pay “fees.” 

 

Please carefully review all correspondence you receive regarding this application to make sure that you are responding to an official document from the USPTO rather than a private company solicitation.  All official USPTO correspondence will be mailed only from the “United States Patent and Trademark Office” in Alexandria, VA; or sent by e-mail from the domain “@uspto.gov.”  For more information on how to handle private company solicitations, see http://www.gov.uspto.report/trademarks/solicitation_warnings.jsp.

 

 


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