To: | Creative Breakthroughs, Inc. (trademarks@brookskushman.com) |
Subject: | U.S. Trademark Application Serial No. 88393645 - CSM - CRBR0106TUS |
Sent: | July 19, 2019 04:38:20 PM |
Sent As: | ecom128@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88393645
Mark: CSM
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Correspondence Address:
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Applicant: Creative Breakthroughs, Inc.
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Reference/Docket No. CRBR0106TUS
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: July 19, 2019
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).
REQUIREMENT – IDENTIFICATION OF SERVICES
THIS PARTIAL REQUIREMENT APPLIES ONLY TO THE SERVICES SPECIFIED THEREIN
Applicant must clarify some of the wording in the identification of services because it is indefinite. See 37 C.F.R. §2.32(a)(6); TMEP §§1402.01, 1402.03. This wording is indefinite because it does not make clear the exact nature of services. Applicant must amend the identification to specify the common commercial or generic name of the services. See TMEP §1402.01. If the services have no common commercial or generic name, applicant must describe or explain the nature of the services using clear and succinct language. See id.
Open-ended Term (E.g., “Including” or “Such as”)
Applicant should note that any wording in bold, in italics, underlined and/or in ALL CAPS below offers guidance and/or shows
the changes being proposed for the identification of goods and/or services. If there is wording in the applicant’s version of the identification of goods and/or
services which should be removed, it will be shown with a line through it such as this: strikethrough. When making
its amendments, applicant should enter them in standard font, not in bold, in italics, underlined or in ALL CAPS.
Applicant may substitute the following wording, if accurate:
Class 042: Computer security services, namely, _____ {indicate type of computer security services in Class 042, e.g., restricting
access to and by computer networks to and of undesired web sites, media and individuals and facilities; enforcing, restricting and controlling access privileges of users of computing resources for
cloud, mobile or network resources based on assigned credentials}; computer software monitoring services for protecting data and information from unauthorized access; computer security
consultancy services; internet security consultancy services; data security consultancy services; information technology security consultancy services; business technology software consultation
services; technical support services, namely, including on-site and remote troubleshooting, resolving, and reporting problems with computer security, internet security,
data security, information technology security, and business technology software consultation services
See TMEP §§1402.01, 1402.03.
An applicant may only amend an identification to clarify or limit the services, but not to add to or broaden the scope of the services. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07. Generally, any deleted 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 - Failure to Respond – Abandonment of Specific Services in International Class 042
Class 042: Computer security services; technical support services, including on-site and remote troubleshooting, resolving, and reporting problems
with computer security, internet security, data security, information technology security, and business technology software consultation services
The application will then proceed with the following services in International Class 042 only:
Class 042: Computer software monitoring services for protecting data and information from unauthorized access; computer security consultancy services; internet security consultancy services; data security consultancy services; information technology security consultancy services; business technology software consultation services
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
RESPONSE GUIDELINES
If applicant has questions regarding this Office action, please telephone or e-mail the assigned trademark examining attorney. All relevant e-mail communications will be placed in the official application record; however, 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. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05. Further, although the trademark examining attorney may provide additional explanation pertaining to the refusal(s) and/or requirement(s) in this Office action, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§705.02, 709.06.
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
/Jalandoni, Chad/
/Chad Jalandoni/
Trademark Examining Attorney
Law Office 128
(571) 272-3329
chad.jalandoni@uspto.gov
RESPONSE GUIDANCE