UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

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

 

 

 

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: 6/3/2019

 

 

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 Results

 

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

 

Applicant must clarify the identification of goods and services in International Classes 9 and 42 because it is indefinite.  See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03.  The identifications are is indefinite because the function or purpose of some of the software is unclear, or the nature of the goods is unclear. 

 

Applicant may substitute the following wording, if accurate: 

 

Class 9 -- Based on Use in Commerce:

 

Computer software and hardware for use in analyzing and processing video data, and analyzing and processing audio data; computer software and hardware that uses  Machine Learning or Artificial Intelligence based analytics to provide facial detection and recognition, license plate detection and recognition, human, vehicle and pet tracking, motion detection, GPS (global positioning) and GIS (global information system) mapping, zone intrusion notification; computer software and hardware for transmitting text and video alerts to users; computer software and hardware for use in processing data in the nature of retail store analytics; building security systems comprising operational software and hardware to transmit pictures, video, alarm status, and related information to a remote station; Vehicle driver assistance systems and component parts therefor comprised of high-resolution cameras, computer hardware and operating software and display monitors; computer hardware and software for intelligent transportation systems, namely, computer software for traffic data collection devices, namely, computer software for controlling electrical, mechanical, and electro-mechanical sensors, traffic counters, and traffic classifiers for tracking, counting, classifying and measuring vehicle traffic on roads and highways; Computer vision hardware and software system for home automation, namely, software for use with electronic devices for image and signal processing, object detection, recognition, and for use in connecting and processing data from motion analysis security devices; Computer hardware and software for conducting automated image and video search

 

Class 9 – Based on Intent to Use:

 

Electric control panels for security systems; Residential communications systems and devices, namely, electronic controllers for operating telephone systems, intercom systems, lighting systems, security systems, heating and air conditioning systems, entertainment systems, and window treatment systems; Residential communications control systems and equipment used for device control applications and for audio and video applications, namely, electric control panels, touch panels, volume controls, video controllers, DVD controllers, and multi-room/multi-product controllers, all sold together as a unit; audio and video equipment, namely, video cameras, televisions, audio amplifiers, AM/FM radios, speakers, and voltage surge protectors; music source products, namely, digital music servers, satellite audio receivers, and digital tuners; electrical structured wiring for residential use; Video signal distribution systems equipment and accessories, namely, video cameras, power supplies, and power distribution panels; remote controlled gate and door opening devices, namely, radio controlled transmitters, receivers, controllers, keypads, electronic card readers, smart card readers, magnetic encoded card readers, magnetic strip card readers, proximity card readers, electronic proximity sensors and switches; electronic gate operator control stations comprising signal transmitters and receivers, power supplies, and motors for opening armature arms; Access control and alarm monitoring systems equipment and accessories for residential use, namely, electronic control units, wireless transmitters and receivers, power supplies, burglar alarm panels, door contact sensors, motion sensors, glass breakage sensors, keypads, signal transmitters and receivers, sirens, strobe lights, automatic telephone dialers, and phone line inputs; wireless alarm central units, RF transmitters, RF receivers, radio remote controls to activate safety devices, namely, electric anti-theft devices

 

Class 42:

 

Providing on-line, non-downloadable, Internet-based software for use in analyzing and processing video data; providing on-line, non-downloadable, Internet-based software to provide facial detection and recognition, license plate detection and recognition, human, vehicle and pet tracking, motion detection, GPS (global positioning) and GIS (global information system) mapping, and zone intrusion notifications; providing on-line, non-downloadable, Internet-based software for providing text and video alerts to users; providing on-line, non-downloadable, Internet-based software to transmit picture, video, alarm status, and other information to a remote station; providing on-line, non-downloadable, Internet-based software to process retail store analytics

 

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

 

 

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.  

 

Please call or email the assigned trademark examining attorney with questions about this Office action.  Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action.  See TMEP §§705.02, 709.06.  Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record.  See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. 

 

 

 

 

 

/Karen Bracey/

Examining Attorney

Law Office 116

(571) 272-9132

karen.bracey@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.

 

 

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

 

 

IMPORTANT NOTICE REGARDING YOUR

U.S. TRADEMARK APPLICATION

 

USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED

ON 6/3/2019 FOR U.S. APPLICATION SERIAL NO. 88344351

 

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 6/3/2019 (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.