Examiners Amendment

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  November 12, 2019

 

 

STATUS OF APPLICATION

 

Pursuant to TMEP §§705.01, 707.03 and 713.02, applicant is advised of the following status of the application.  Prior to issuance of this examiner’s amendment, the following issues were outstanding with this application:

 

(1)   Identification of Goods and Services Indefinite

 

In light of applicant’s October 28, 2019 Office action response and the amendment detailed below, the examining attorney has determined the following:

 

(1)   The identification of goods and services requirement is satisfied.

 

Application has been amended as shown below.  As agreed to by Benjamin Okeke on November 8, 2019, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

 

AMENDED IDENTIFICATION OF GOODS AND SERVICES

 

The identification of goods and services is amended to read as follows: 

 

Class 9 –

 

recorded and downloadable computer software for use as a cryptocurrency wallet; cryptocurrency hardware wallets being computer hardware and blank USB flash drives; downloadable computer software for use as a cryptocurrency wallet; downloadable computer software for managing cryptocurrency transactions using blockchain technology; Downloadable mobile applications for providing access to crypto-collectibles, crypto-art and application tokens; downloadable software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital currency, and managing digital currency payment and exchange transactions; downloadable computer software for generating public and private cryptocurrency keys and cryptocurrency paper wallets; downloadable computer software, namely, an electronic financial platform that accommodates multiple types of payment and debt transactions in an integrated mobile phone, PDA, and web-based environment; downloadable software and mobile applications using artificial intelligence for managing cryptocurrency transactions using blockchain technology; downloadable software for processing digital images, graphics and text; downloadable anti-piracy software; downloadable computer software for encryption and decoding; downloadable computer graphics software; downloadable graphical user interface software; downloadable computer game software; downloadable computer software and mobile applications for use as a cryptocurrency wallet, managing cryptocurrency transactions using blockchain technology; encoding and decoding apparatus and instruments; downloadable software for connecting, operating, and managing networked devices in the internet of things (IoT)

 

Class 35 –

 

online marketplace services, namely, providing a marketplace for buyers and sellers of digital currency assets; Operating an online marketplace featuring footwear and clothing; on-line retail store services featuring footwear and clothing

 

Class 36 –

 

financial services, namely, providing a digital currency or digital token for use by members of an on-line community via a global computer network; facilitation of financial transactions using unconventional currency systems and bartering, namely, facilitating transfers of electronic cash equivalents; facilitation of crypto-currency transactions, namely, virtual currency exchange transaction services for transferrable electronic cash equivalent units having a specified cash value; Financial services, namely, providing electronic transfer of a digital currency for use by members of an on-line community via a global computer network; Issuance of tokens of value; cryptocurrency trading services; digital currency exchange services; financial services, namely, providing liquidity services in the nature of currency exchange services in connection with digital currencies and assets, cryptocurrencies, virtual currency and blockchain-based assets

 

Class 38 –

 

electronic bulletin board services; Providing on-line forums for transmission of messages among computer users; Providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of cryptocurrency and digital currency assets; electronic messaging services

 

Class 41 –

 

Provision of online blogs in the field of crypto-collectibles; entertainment services, namely, providing an online computer game; entertainment services, namely, curated scavenger hunts, obstacle courses or treasure hunts; entertainment services, namely, providing interactive online mobile gaming applications; providing information on-line relating to crypto-collectible customization for hobby or entertainment purposes

 

Class 42 –

 

Providing online non-downloadable computer software for use as a cryptocurrency wallet; providing a website featuring technology that enables users to mine, earn, purchase, receive by any other means, store, and transfer blockchain-based tokens, coins, cryptocurrencies, and other crypto assets; providing a members-only website featuring technology which provides members with the ability to mine, earn, purchase, receive by any other means, store, and transfer blockchain-based tokens, coins, cryptocurrencies, and other crypto assets; providing an online non-downloadable internet-based system application featuring technology enabling users to mine, earn, purchase, receive by any other means, store, and transfer blockchain-based tokens, coins, cryptocurrencies, and other crypto assets; providing a secure electronic online system featuring technology which allows creation, issuance, distribution, sale, transfer, and storage of the blockchain-based tokens, coins, cryptocurrencies, and other crypto assets or crypto-collectibles; providing temporary use of online non-downloadable software for use in electronically trading, storing, sending, receiving, accepting and transmitting digital currency, and managing digital currency payment and exchange transactions; non-downloadable software for generating public and private cryptocurrency keys and cryptocurrency paper wallets; platform as a service (PaaS) featuring computer software platforms for accommodating multiple types of payment and debt transactions in an integrated web-based environment; data encryption and decoding services; data encryption services for providing security and anonymity for electronically transmitted credit card transactions; providing a website that features technology that enables the secure exchange of information by users; providing an on-line network environment that features technology that enables users to share data; Platform as a service (PaaS) featuring computer software platforms for providing access to crypto-collectibles, crypto- art and application tokens; Platform as a service (PaaS) featuring computer software platforms for downloading software, data, and image files from the Internet and users in the marketplace of the software owner; Image processing software design; Authentication in the field of crypto-collectibles and footwear; Providing temporary use of non-downloadable cloud-based software for connecting, operating, and managing networked devices in the internet of things (IoT)

 

See TMEP §§1402.01, 1402.01(e).

 

PUBLICATION

 

After the trademark examining attorney issues the examiner’s amendment, applicant will not receive a registration on the Principal Register for the applied-for mark until the mark makes it through the publication process and opposition period.  The publication process starts once the trademark examining attorney issues the examiner’s amendment and the mark is approved for publication in the USPTO’s Trademark Official Gazette, a weekly online publication.  The USPTO will then send a “Notice of Publication” to the applicant specifying the date its mark will publish in this publication.

 

The USPTO publishes applicant’s mark in the Trademark Official Gazette to provide third parties who believe they may be damaged by registration of applicant’s mark an opportunity to oppose registration of that mark within thirty (30) days from the publication date.  An “opposition” is similar to a federal court proceeding, but this proceeding is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal of administrative judges who issue decisions on these matters.  If a third party opposes registration of applicant’s mark by instituting an opposition proceeding, the USPTO will send applicant notice of this opposition.  When this occurs, an applicant may wish to hire an attorney due to the complexity of these proceedings.

 

If no one opposes registration of the mark, and the mark was published based upon an applicant’s actual use of the mark in commerce or on a foreign registration, the USPTO generally registers the mark and issues a registration certificate within approximately twelve (12) weeks after the publication date.

 

If no one opposes registration of the mark, and the mark was published based upon an applicant’s bona fide intention to use the mark in commerce, the USPTO generally issues a “Notice of Allowance” within approximately eight (8) weeks after the publication date.  Applicant then has six (6) months from the date of the Notice of Allowance to timely file a “Statement of Use” or to file a request for a six-month “Extension of Time to file a Statement of Use” (extension request).  Extension requests are granted in six-month increments and a maximum of five extension requests can be filed after the issuance of the Notice of Allowance.  If a Statement of Use is not filed within the six months after the Notice of Allowance issued, a Statement of Use must be filed within the time period of a previously granted extension request.  The USPTO will only issue a registration certificate after the trademark examining attorney approves a Statement of Use.

 

For an overview of the time frames for when an applicant should file and the USPTO will issue documents related to a trademark application, see Trademark Application and Post-Registration Process Timelines.  Forms for Statements of Use and extension requests, and additional requirements for intent to use applications, are available online at Intent to Use (ITU) Forms.

 

 

 

/Jacob Vigil/

Trademark Examining Attorney

Law Office 103

571-270-3586

jacob.vigil@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on November 12, 2019 for

U.S. Trademark Application Serial No. 88394295

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

/Jacob Vigil/

Trademark Examining Attorney

Law Office 103

571-270-3586

jacob.vigil@uspto.gov

 

Direct questions about navigating USPTO electronic forms, the USPTO website, the application process, the status of your application, and/or whether there are outstanding deadlines or documents related to your file to the Trademark Assistance Center (TAC).

 

 

 

GENERAL GUIDANCE

·       Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·       Update your correspondence email address, if needed, to ensure you receive important USPTO notices about your application.

 

·       Beware of misleading notices sent by private companies about your application.  Private companies not associated with the USPTO use public information available in trademark registrations to mail and email trademark-related offers and notices – most of which require fees.  All official USPTO correspondence will only be emailed from the domain “@uspto.gov.”