To: | Facebook, Inc. (tmadmin@kilpatricktownsend.com) |
Subject: | U.S. Trademark Application Serial No. 88393626 - PRESTO - 1135833 |
Sent: | September 04, 2019 09:34:51 PM |
Sent As: | ecom101@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88393626
Mark: PRESTO
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Correspondence Address: KILPATRICK TOWNSEND & STOCKTON LLP |
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Applicant: Facebook, Inc.
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Reference/Docket No. 1135833
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: September 04, 2019
Upon further review, the examining attorney has determined the following.
IDENTIFICATION OF SERVICES – THIS REQUIREMENT APPLIES ONLY TO THE SERVICES INDICATED HEREIN
The entirety of the Class 42 identification of services is indefinite and requires the addition of a verb, such as “providing,” to clarify that such wording refers to Class 42 services. Currently, such wording is broad enough to encompass “Retail store services featuring non-downloadable, recorded software goods in Class 35” and “Providing online, non-downloadable software” in Class 42. Additionally, for classification in Class 42, such wording must indicate that the provided non-downloadable software is provided online, provided via a website, provided on a temporary basis, or is otherwise web-based. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may substitute the following wording, if accurate:
CLASS 42 - PROVIDING ONLINE non-downloadable computer software in the nature of an open source SQL query engine; PROVIDING ONLINE non-downloadable computer software in the nature of an SQL query engine; PROVIDING ONLINE non-downloadable computer software in the nature of a query engine; PROVIDING ONLINE non-downloadable computer software in the nature of an SQL query engine for analytic queries relating to big data; PROVIDING ONLINE non-downloadable computer software in the nature of a query engine for analytic queries relating to big data; PROVIDING ONLINE non-downloadable computer software in the nature of a query ending for analytic queries; PROVIDING ONLINE non-downloadable computer software for use in analyzing batch queries; PROVIDING ONLINE non-downloadable computer software for use in performing high speed queries; PROVIDING ONLINE non-downloadable computer software for use in performing high volume queries; PROVIDING ONLINE non-downloadable computer software for use in implementing distributed queries; PROVIDING ONLINE non-downloadable computer software for use in performing queries on large amounts of data; PROVIDING ONLINE non-downloadable computer software in the nature of a query engine functioning across business intelligence (BI) tools.
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 GUIDELINES & PARTIAL ABANDONMENT ADVISORY
Applicant is encouraged to call or email the assigned trademark examining attorney below to resolve the issues in this Office action. Although the USPTO will not accept an email as a response to an Office action, an applicant can communicate by phone or email to agree to a proposed amendment to the application that will immediately place the application in condition for publication, registration, or suspension. See 37 C.F.R. §2.62(c); TMEP §707.
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 services will be deleted from the application: “PROVIDING ONLINE non-downloadable computer software in the nature of an open source SQL query engine; PROVIDING ONLINE non-downloadable computer software in the nature of an SQL query engine; PROVIDING ONLINE non-downloadable computer software in the nature of a query engine; PROVIDING ONLINE non-downloadable computer software in the nature of an SQL query engine for analytic queries relating to big data; PROVIDING ONLINE non-downloadable computer software in the nature of a query engine for analytic queries relating to big data; PROVIDING ONLINE non-downloadable computer software in the nature of a query ending for analytic queries; PROVIDING ONLINE non-downloadable computer software for use in analyzing batch queries; PROVIDING ONLINE non-downloadable computer software for use in performing high speed queries; PROVIDING ONLINE non-downloadable computer software for use in performing high volume queries; PROVIDING ONLINE non-downloadable computer software for use in implementing distributed queries; PROVIDING ONLINE non-downloadable computer software for use in performing queries on large amounts of data; PROVIDING ONLINE non-downloadable computer software in the nature of a query engine functioning across business intelligence (BI) tools.” See 37 C.F.R. §2.65(a); TMEP §718.02(a).
In such case, the application will then proceed with the following goods only: “downloadable computer software in the nature of an open source SQL query engine; downloadable computer software in the nature of an SQL query engine; downloadable computer software in the nature of a query engine; downloadable computer software in the nature of an SQL query engine for analytic queries relating to big data; downloadable computer software in the nature of a query engine for analytic queries relating to big data; downloadable computer software in the nature of a query ending for analytic queries; downloadable computer software for use in analyzing batch queries; downloadable computer software for use in performing high speed queries; downloadable computer software for use in performing high volume queries; downloadable computer software for use in implementing distributed queries; downloadable computer software for use in performing queries on large amounts of data; downloadable computer software in the nature of a query engine functioning across business intelligence (BI) tools” in Class 9. 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.
How to respond. Click to file a response to this nonfinal Office action
/Aisha C. Johnson/
Examining Attorney
Law Office 101
United States Patent and Trademark Office
(571) 272-9295
aisha.johnson@uspto.gov
RESPONSE GUIDANCE