NOTE TO THE FILE
SERIAL NUMBER: 88347081
DATE: 05/30/2019
NAME: ekon
NOTE:
Searched:
Lexis/Nexis
OneLook
Wikipedia
Acronym Finder Protest evidence reviewed
Other:Checked:
Geographic significance
Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPS
From: David K. Hou [mailto:dhou@boylancode.com]
Sent: Thursday, May 30, 2019 7:41 AM
To: Kon, Elissa Garber <ElissaGarber.Kon@USPTO.GOV>; Jason Klimek <jklimek@boylancode.com>; Donna S. Post <dpost@boylancode.com>
Subject: RE: Re NODEWARE and design Trademark Application #88347081
Dear Ms. Kon:
Thanks for your email. Your proposed changes are acceptable.
Regards,
David
Culver Road Armory
145 Culver Road, Suite 100
Rochester, New York 14620
Office: 585-232-5300 x275Fax: 585-232-3528
Email: dhou@boylancode.com
Web: www.boylancode.com
From: Kon, Elissa Garber <ElissaGarber.Kon@USPTO.GOV>
Sent: Wednesday, May 29, 2019 7:05 PM
To: David K. Hou <dhou@boylancode.com>; Jason Klimek <jklimek@boylancode.com>; Donna S. Post <dpost@boylancode.com>
Subject: Re NODEWARE and design Trademark Application #88347081
Dear Mr. Hou, or Other Attorney of Record
I am the trademark examining attorney to whom this application has been assigned. There are minor issues that we can resolve by examiner's amendment, based on your reply to this email or a phone call.
First, the application claims white as a feature of the mark (inside the circles), but the specimen of the equipment shows the circles colored the color of the background. Therefore, the applicant may choose to delete white as a feature of the mark. If the applicant chooses to delete white, then please authorize me to amend the color claim and mark description to the following, if accurate:
· The colors blue and orange are claimed as a feature of the mark.
· The mark consists of the word "NODEWARE" in stylized lower case font, with "NODE" in blue, and "WARE" in orange, and two diagonal blue lines extending from the letter "O" in "NODE", one upward to the right, one downward to the right, respectively, both ending in blue outlined circles
filled with whitepositioned above and below the letter "E" in "NODE".
Second, the applicant must clarify the nature of the information listed in Class 42 as the type of information dictates classification. For example, providing financial information in the field of computer network security vulnerability and risks would be in Class 36, while technological information would be in Class 42. The following is suggested, if accurate:
· Class 42: Computer network and website security services, namely, providing temporary use of non-downloadable cloud-based software for identifying, testing and monitoring devices on a network for vulnerability monitoring and management; providing technological information in the field of computer network security vulnerability and risks
I would be happy to enter these amendments for you, and move the application forward. Please tell me how you want to proceed or if you have questions. There is no fee due for my making these changes for you.
If you prefer that I issue a priority Office action, rather than resolving this by examiner's amendment, then please let me know. Thank you.
/Elissa Garber Kon/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 106
phone: (571) 272-9181
email: elissagarber.kon@uspto.gov
Notice to applicants and attorneys: relevant e-mail communications will be uploaded to the official application record in accordance with 37 C.F.R. §2.191 and TMEP §§709.04 - .05.