NOTE TO THE FILE
SERIAL NUMBER: 88349921
DATE: 08/15/2019
NAME: tseling
NOTE:
Searched:
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Other:Checked:
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for: and entered changes in TRADEUPSPRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
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Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:From: Seling, Tyler
Sent: Thursday, August 15, 2019 10:06 AM
To: Kenneth Pearce <ken@businesspatentlaw.com>
Subject: RE: Suggested Amended Descriptions Of The Goods And Services For Application No. 88349921 – BENCHMARK –; Docket No. 2018KP1029PA
Mr. Pearce,
My sincerest apologies for the delay in getting back to you regarding the proposed amendments. While some of what you proposed is acceptable, the identification for each still needs to be further defined. Our TMEP and ID Manual can offer further guidance.
We propose the following amendments to the original ID:
Class 9: An interactive system comprised primarily of __________ {indicate goods primarily composing system, e.g. “computer hardware,” “downloadable computer software,” “computer servers,” “computer touchscreens,” “LAN computer cards for connecting portable computer devices to computer networks,” etc.} for use in connecting a local computing device to one or more remote servers,
namely, an interactive systemwhere the local computing device provides graphics for the user and transmits data associated with the movement of a portion of a structure, namely, __________ {indicate the type of structure, e.g. “buildings,” “bridges,” etc.}, resulting from __________ {indicate what the cause of the movement is, e.g., “earthquakes,” “structural damage,” etc.} relative to the surface supporting the structure to one or more servers that stores the transmitted data andwhere one or more seversmanipulates the stored data such that at the request of the user of the local computing device a structure status report is sent to the local computing device
Class 42: Data Reporting Services regarding the movement of a portion of a structure, namely, __________ {indicate the type of structure, e.g. “buildings,” “bridges,” etc.}, resulting from __________ {indicate what the cause of the movement is, e.g., “earthquakes,” “structural damage,” etc.} relative to the surface supporting the structure, namely, providing reports regarding the position of a portion of a structure and status of a portion of a structure’s movement resulting from __________ {indicate what the cause of the movement is, e.g., “earthquakes,” “structural damage,” etc.} relative to the surface support the structure
If there are issues with the proposed language above, please submit a formal response to the Office Action issued 6/21/2019. Please let me know if you have any questions, and again, I sincerely apologize for the delayed response.
Best,
Tyler
Tyler M. Seling
Examining Attorney
Law Office 112
(571) 272-0272
From: Kenneth Pearce [mailto:ken@businesspatentlaw.com]
Sent: Friday, July 12, 2019 11:26 AM
To: Seling, Tyler <Tyler.Seling@USPTO.GOV>
Subject: Suggested Amended Descriptions Of The Goods And Services For Application No. 8834992 – BENCHMARK –; Docket No. 2018KP1029PA
12 July 2019
Commissioner for Trademarks
PO Box 1451
Alexandria, VA 22313-1451
Attn: Examiner Tyler Seling
Law Office: 112
Re: Suggested Amended Descriptions Of The Goods And Services For Application No. 8834992 – BENCHMARK –; Docket No. 2018KP1029PA
Dear Examiner Seling:
In follow up to our July 10, 2019 telephone conference, the suggested amended descriptions are attached.
Strikethroughs indicate deletions and red font indicates additions. The only change made since we our July 10, 2019 conference is underlined.
I await your informal response. If you would like, please call my office.
Thank you for attending to this matter.
May you be blessed beyond your expectations!
Sincerely,
Kenneth F. Pearce, Managing Partner
BusinessPatentLaw.com
859-239-8999