To: | Ubiquity, Inc. (trademark@gozdel.com) |
Subject: | U.S. Trademark Application Serial No. 88396759 - QUBE - N/A |
Sent: | October 19, 2019 01:57:30 PM |
Sent As: | ecom101@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88396759
Mark: QUBE
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Correspondence Address: GOZDECKI, DEL GIUDICE, AMERICUS, FARKAS ONE EAST WACKER DRIVE, SUITE 1700
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Applicant: Ubiquity, Inc.
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Reference/Docket No. N/A
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: October 19, 2019
Upon further review and consideration applicant is informed as follows. The Examining attorney regrets the late refusal.
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
The following issues remain.
IDENTIFICATION AND CLASSIFICATION OF GOODS
The identification and classification of goods is indefinite and must be clarified. See TMEP §1402.01. Anything in bold requires deletion, clarification or reclassification.
Class 9: Computer infrastructure equipment, namely computer hardware and computer software for connectivity of local wired and wireless devices; computer networking hardware and computer networking software for managing and implementing virtual office infrastructure platforms; computer networking hardware and computer networking software for enabling hosting providers to provide cloud hosting services; Computer hardware and software for converged infrastructure management to monitor and control information technology infrastructure of servers, data storage and networking hardware; computer networking software and computer networking hardware for providing compute, storage and networking resources in a data center; computer networking equipment for connecting network-capable devices, namely, firewalls, switches, computers, phones, servers, storage devices in the nature of computer network-attached storage hardware (NAS) and SAN storage area network electronic data storage, wireless access point devices, mobile devices in the nature of smart phones, tables, printers and security cameras
Computer software must specify downloadable or recorded to be in Class 9. Otherwise non downloadable computer software is in Class 42. Of course, the software must specify the field of use as well.
Class 42: is acceptable as submitted.
Applicant’s goods may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods or add goods not found or encompassed by those in the original application or as acceptably amended. See TMEP §1402.06(a)-(b). The scope of the goods sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification. TMEP §§1402.06(b), 1402.07(a)-(b). Any acceptable changes to the goods will further limit scope, and once goods are deleted, they are not permitted to be reinserted. 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.
To provide bar information. Applicant’s attorney should respond to this Office action by using the appropriate TEAS response form and provide his or her bar information in the “Attorney Information” page of the form, within the bar information section. See 37 C.F.R. §2.17(b)(1)(ii). Bar information provided in any other area of the form will be viewable by the public in USPTO records.
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
/Jacqueline Abrams/
Examining Attorney LO 101
(571) 272-9185
United States Patent and Trademark Office
jacky.abrams@USPTO.gov (INFORMAL ONLY)
RESPONSE GUIDANCE