Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

NONFINAL OFFICE ACTION

 

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:  February 03, 2020

 

 

Upon further review of this application the examining attorney issues the following requirement.  The Office apologizes for any inconvenience caused to the applicant.

 

 

IDENTIFICATION OF SERVICES

 

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 customized electronic data files featuring geospatial data, analytics, and visualizations derived from radio frequency data collected by satellites based on criteria specified by the customer” in Class 42 is indefinite and possible misclassified.  These goods appear to be downloadable electronic data files, which are goods in Class 9.

 

Trademarks Identification Manual:

 

International Class 9:    Downloadable electronic data files featuring {indicate subject matter, e.g., income tax forms, recipes, etc.}

 

In addition, the “providing data analytics services in the field of radio frequency signals collected by satellites” services in Class 42 are indefinite and possibly misclassified. While the identification starts to define the type of service (data analytics services), the actual description offers the type of data (radio frequency signals collected by satellites) but not a clear indication of the service (analysis). 

 

It’s not clear what type of analysis service the applicant is rendering.  Class 35 services such as “providing business data analytics”  Class 42 services such as “technical support, namely, analyzing radio frequency signals data collected by satellites?”  Or Class 45 services such as “analysis of radio frequency signals data collected by satellites for criminal activity?” The applicant needs to clarify what type of analysis they are providing, as classification will depend upon it.

 

 

Applicant may adopt the following identification, if accurate:

 

Downloadable electronic data files featuring geospatial data, analytic data, and visualization data. International Class 9.

 

Providing data analytics services for analyzing radio frequency signals and sometimes incomplete radio frequency signals collected by satellites to determine patterns of moving vessels, accurately identify the location of vessels, and to predict where the ship should be at any point in time in the future in the middle of a sea or ocean without additional data; 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

 

 

If applicant does not respond to this Office action within the six-month period for response, the following goods and/or services in International Class(es) 42 will be deleted from the application:

 

Providing customized electronic data files featuring geospatial data, analytics, and visualizations derived from radio frequency data collected by satellites based on criteria specified by the customer; providing data analytics services in the field of radio frequency signals collected by satellites. International Class 42.

 

The application will then proceed with the following goods and/or services in International Class(es) 42 only:

 

Custom design and development of electronic data files and analytic methods in the field of radio frequency signals. 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

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on February 03, 2020 for

U.S. Trademark Application Serial No. 88439356

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

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

 

 

/Warren L. Olandria/

Trademark Examining Attorney

U.S. Patent & Trademark Office

Law Office 112

Phone: 571-272-9718

Warren.Olandria@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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from February 03, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

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.”