To: | Pure Storage, Inc. (trademarks@fenwick.com) |
Subject: | U.S. Trademark Application Serial No. 88414708 - EVERGREEN - 35401-00079 |
Sent: | July 23, 2019 10:48:02 AM |
Sent As: | ecom101@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88414708
Mark: EVERGREEN
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Correspondence Address: |
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Applicant: Pure Storage, Inc.
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Reference/Docket No. 35401-00079
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 23, 2019
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
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Prior-Pending Application
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.
Identification of Goods-Class 9
Applicant may substitute the following wording, if accurate:
“downloadable computer software for [INDICATE use or function of software, e.g., for database management, etc.],” in Class 9.
Identification of Services—Class 37
Applicant may substitute the following wording, if accurate:
“providing a website featuring technology that enables users to access web-based subscription services featuring non-downloadable software for deploying, maintaining, protecting, scaling, and upgrading computer hardware and electronic storage systems and devices of others,” in Class 42.
Identification of Services—Class 42
Applicant may substitute the following wording, if accurate:
“providing a website featuring technology that enables users to access web-based subscription services featuring non-downloadable software for maintaining and upgrading computer software; providing a website featuring technology that enables users to access web-based subscription services featuring non-downloadable software for use in electronic storage of data; software as a service (SAAS) services featuring non-downloadable cloud computing software for use in electronic storage of data,” in Class 42.
Scope Advisory
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
To expedite prosecution of the application, applicant is encouraged to file its response to this Office action online via the Trademark Electronic Application System (TEAS), which is available at http://www.gov.uspto.report/trademarks/teas/index.jsp. If applicant has technical questions about the TEAS response to Office action form, applicant can review the electronic filing tips available online at http://www.gov.uspto.report/trademarks/teas/e_filing_tips.jsp and e-mail technical questions to TEAS@uspto.gov.
/EFalk/
Erin M. Falk
erin.falk@uspto.gov
U.S. Patent & Trademark Office
Trademark Examining Attorney, LO101
(571)-272-1110
RESPONSE GUIDANCE