NOTE TO THE FILE
SERIAL NUMBER: 88465925
DATE: 08/31/2019
NAME: skunkleman
NOTE:
Discussed file with
Attorney via:
X email
From: Kunkleman, Sarah
Sent: Saturday, August 31, 2019 5:34 PM
To: docketing@mtiplaw.com; ataboada@mtiplaw.com
Subject: TM SN: 88465925 - SLINGSHOT -- Examiner's Amendment / Suspension Inquiry
Docket no: IFR027
Dear Mr. Taboada:
I am the trademark examining attorney reviewing the above application and am writing about requirements to amend the identification of goods and services and to clarify the color claim and mark description. In addition, if an Examiner’s Amendment is authorized, the application will be suspended pending disposition of prior-filed application serial no. 88402068.
1) Identification of Goods and Services: The wording “computer software” and “software” in Class 009 is overly broad and could identify downloadable or recorded software in Class 009 or online, non-downloadable software in Class 042.
IC 009: {specify type, e.g., Downloadable, recorded, etc.} computer software, namely, team collaboration software tools for the creation of personal and team boards to post and share content; {specify type, e.g., downloadable, recorded, etc.} software for creating, assigning and managing tasks and team goals, objectives and strategies; {specify type, e.g., downloadable, recorded, etc.} software for enabling chat; {specify type, e.g., downloadable, recorded, etc.} software for creating, viewing and sharing data visualizations; {specify type, e.g., downloadable, recorded, etc.} software for meeting automation
IC 042: Computer services, namely, providing on-line non-downloadable computer software in the field of team collaboration for posting and sharing content, task management, chat, calendaring and meeting digitization, creating, viewing and sharing dashboard visualizations and analytics from computer software applications, Internet software applications, XML web services and website software; {specify type, e.g., providing on-line non-downloadable, etc.} computer software, namely, team collaboration software tools for the creation of personal and team boards to post and share content; {specify type, e.g., providing on-line non-downloadable, etc.} software for creating, assigning and managing tasks and team goals, objectives and strategies; {specify type, e.g., providing on-line non-downloadable, etc.} software for enabling chat; {specify type, e.g., providing on-line non-downloadable, etc.} software for creating, viewing and sharing data visualizations; {specify type, e.g., providing on-line non-downloadable, etc.} software for meeting automation
2) Color Claim and Mark Description Clarification: The color white is claimed but not referenced in the mark description and the literal element is not in the mark description. If white represents background color only and is not a feature of the mark, it should be removed from the color claim and the mark description amended accordingly. In the alternative, the color white must be added to the mark description.
a. The following is suggested if white IS NOT claimed:
Color Claim: The color(s) red, blue, green,
white, and gray is/are claimed as a feature of the mark
Mark Description: The mark consists of the image of a red rocket
themaking a loop formation, where in the tail of the rocket is blue. In the background of the rocket there is a half circle composed of the colors green, blue, and red on the top portion. On the bottom portion of the background is a gray partial sphere. The wording “SLINGSHOT” appears in gray to the left of the design. The color white represents background color and is not claimed as a feature of the mark.
b. The following is suggested if white IS claimed:
Mark Description: The mark consists of the image of a red and white rocket
themaking a loop formation, where in the tail of the rocket is blue. In the background of the rocket there is a half circle composed of the colors green, blue, and red on the top portion. On the bottom portion of the background is a gray partial sphere. The wording “SLINGSHOT” appears in gray to the left of the design.
If you would like to approve an Examiner’s Amendment, please confirm the acceptable wording for the identification, color claim, and mark description by 5:00 p.m. on Thursday, September 5. After issuance of an Examiner’s Amendment, the application will then be suspended pending disposition of prior-filed application serial no. 88402068.
Thank you, and please let me know if you have any questions.
Sincerely,
/Sarah E. Kunkleman/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 105
(571) 272-6151
Please note that all relevant e-mail communications will be placed in the official application record. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§709.05, 709.06
Sincerely,
/Sarah E. Kunkleman/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 105
(571) 272-6151
Please note that all relevant e-mail communications will be placed in the official application record. Although the trademark examining attorney may provide additional explanation pertaining to the application, the trademark examining attorney may not provide legal advice or statements about applicant’s rights. See TMEP §§709.05, 709.06