To: | Vertex Social LLC (NYIPDocketing@venable.com) |
Subject: | U.S. Trademark Application Serial No. 88422759 - VERTEX - 502830 |
Sent: | July 29, 2019 04:07:43 PM |
Sent As: | ecom113@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88422759
Mark: VERTEX
|
|
Correspondence Address: |
|
Applicant: Vertex Social LLC
|
|
Reference/Docket No. 502830
Correspondence Email Address: |
|
EXAMINER’S AMENDMENT
Issue date: July 29, 2019
The assigned trademark examining attorney has reviewed the referenced application. TMEP § 705.01.
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by Kristen Ruisi on July 29, 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).
IDENTIFICATION OF GOODS AND SERVICES
The identification of goods and services is amended to read as follows:
· International Class 9: Downloadable computer software and downloadable mobile applications for business and social networking and for exchanging electronic business and identity cards; downloadable computer software and downloadable mobile applications for the collection, editing, organizing, modifying, bookmarking, transmission, storage and sharing of data and information in the fields of business and social networking, recruiting, employment, human resources, career and personal development; downloadable computer software and downloadable mobile applications for the creation of customized web pages featuring user-defined or specified information, personal profiles, audio and visual content, images, text, graphics and data for facilitating social and business networking, recruiting, employment, human resources, career and personal development; downloadable computer software and downloadable mobile applications for the creation and exchange of electronic cards, including business and identity cards, for facilitating social and business networking, recruiting, employment, human resources, career and personal development
· International Class 35: Online business and professional networking services; providing online computer databases and online searchable databases in the fields of business and professional networking, recruiting, employment, human resources, career and personal development; providing online business and professional networking services accessible by means of computer software and downloadable mobile applications [acceptable as written]
· International Class 42: Computer services, namely, creating online virtual communities for registered users to connect, organize groups and events, participate in discussions, get feedback from their peers, make endorsements, organize meetings, share information and resources, and engage in social and business networking; providing a website featuring temporary use of non-downloadable software enabling users to search, locate, and communicate with others via electronic communications networks to engage in social and business networking; providing temporary use of online non-downloadable software for creating business and identity cards for facilitating social and business networking; computer services in the nature of developing customized web pages featuring user-defined or specified information, personal profiles, audio and video content, images, text, graphics and data for facilitating social and business networking
· International Class 45: Online social introduction and social networking services; providing online computer databases and online searchable databases in the fields of social introduction and social networking; providing online social networking and social introduction services accessible by means of computer software and downloadable mobile applications
See TMEP §§1402.01, 1402.01(e).
WHAT HAPPENS NEXT
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.
/Marynelle W. Wilson/
Marynelle Wilson
Law Office 113
(571) 272-7978
marynelle.wilson@uspto.gov