To: | HawkEye 360, Inc. (HWRITM@HuntonAK.com) |
Subject: | U.S. Trademark Application Serial No. 88439356 - HAWKEYE - 10672.000001 |
Sent: | November 08, 2019 10:31:47 PM |
Sent As: | ecom112@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88439356
Mark: HAWKEYE
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Correspondence Address: |
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Applicant: HawkEye 360, Inc.
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Reference/Docket No. 10672.000001
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: November 08, 2019
This letter responds to the applicant’s communication filed October 15, 2019. Receipt of the applicant’s response is acknowledged and has been entered.
The following requirement is maintained and continued: (1) the requirement for an acceptable identification of services is maintained and continued.
The prior-filed pending likelihood of confusion refusal has been withdrawn.
The identification of services is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant must specify the common commercial or generic name for the services. If the services have no common commercial or generic name, applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s).
The wording “Providing geospatial data, analytics, and visualizations derived from radio frequency data collected by satellites” is indefinite and must be clarified, e.g. “Providing customized electronic data files featuring geospatial data, analytics, and visualizations derived from radio frequency data collected by satellites all based on personal selections made by the customer.”
The wording “computer-readable data” is indefinite and must be clarified, e.g. “electronic data files.”
Applicant may adopt the following identification, if accurate:
Providing customized electronic data files featuring geospatial data, analytics, and visualizations derived from radio frequency data collected by satellites all based on personal selections made by the customer; providing data analytics services in the field of radio frequency signals collected by satellites; Custom design and development of electronic data files and analytic methods in the field of radio frequency signals. International Class 42.
Applicant’s goods and/or services 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 and/or services or add goods and/or services 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 and/or services 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 and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted. TMEP §1402.07(e).
Partial Abandonment
Providing geospatial data, analytics, and visualizations derived from radio frequency data collected by satellites; Custom design and development of computer-readable data and analytic methods in the field of radio frequency signals. International Class 42.
The application will then proceed with the following goods and/or services in International Class(es) 42 only:
Providing data analytics services in the field of radio frequency signals collected by satellites. International Class 42.
See 37 C.F.R. §2.65(a)-(a)(1); TMEP §718.02(a).
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
/Warren L. Olandria/
Trademark Examining Attorney
U.S. Patent & Trademark Office
Law Office 112
Phone: 571-272-9718
Warren.Olandria@uspto.gov
RESPONSE GUIDANCE