To: | Infragistics, Inc. (docketing@mtiplaw.com) |
Subject: | U.S. Trademark Application Serial No. 88465925 - SLINGSHOT - IFR027 |
Sent: | September 05, 2019 09:09:17 PM |
Sent As: | ecom105@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88465925
Mark: SLINGSHOT
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Correspondence Address:
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Applicant: Infragistics, Inc.
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Reference/Docket No. IFR027
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: September 05, 2019
ADVISORY: PRIOR-FILED APPLICATION
The filing date of pending U.S. Application Serial No. 88402068 precedes applicant’s filing date. See attached referenced application. If the mark in the referenced application registers, applicant’s mark may be refused registration under Trademark Act Section 2(d) because of a likelihood of confusion between the two marks. See 15 U.S.C. §1052(d); 37 C.F.R. §2.83; TMEP §§1208 et seq. Therefore, upon receipt of applicant’s response to this Office action, action on this application may be suspended pending final disposition of the earlier-filed referenced 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.
Applicant may elect not to respond to the prior-filed application advisory, but must respond to the following requirements to avoid abandonment.
IDENTIFICATION OF GOODS AND SERVICES
Applicant may substitute the following wording, if accurate:
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
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.
Applicant should note the following additional requirements.
COLOR CLAIM AND MARK DESCRIPTION CLARIFICATION REQUIRED
To clarify how white is being used in the mark, applicant may satisfy one of the following:
(1) If white is a feature of the mark, applicant must amend the color claim to include them and amend the description to identify where white appear in the literal and/or design elements of the mark. The following description is suggested, if accurate:
Mark Description: The mark consists of the image of a red and white rocket the making 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 right of the design.
(2) If white is not a feature of the mark, applicant must amend the description to state that white represents background, outlining, shading and/or transparent areas and are not part of the mark and remove white from the color claim. The following color claim and description are suggested, if accurate:
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 the making 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 right of the design. The color white represents background color and is not claimed as a feature of the mark.
TMEP §807.07(d).
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
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
/Sarah E. Kunkleman/
Sarah E. Kunkleman
Trademark Examining Attorney
Law Office 105
571-272-6151
sarah.kunkleman@uspto.gov
RESPONSE GUIDANCE