To: | West Corporation (tmcentral@pirkeybarber.com) |
Subject: | U.S. Trademark Application Serial No. 88481175 - INTRADO - WSTC016US9 |
Sent: | October 21, 2019 03:30:15 PM |
Sent As: | ecom125@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88481175
Mark: INTRADO
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Correspondence Address: 1801 EAST 6TH STREET, SUITE 300
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Applicant: West Corporation
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Reference/Docket No. WSTC016US9
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: October 21, 2019
The referenced application has been reviewed by the assigned trademark examining attorney. Applicant must respond timely and completely to the issue(s) below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
· Identification of Services
· Multiple-Class Application Requirements
The wording “Security services for the physical protection of tangible property and individuals” is indefinite and must be clarified because it is unclear what type of security services are being provided. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Similarly, the wording “providing security information related to security emergencies; providing security information related to the use of corresponding services by customers; providing security information related to the provision of corresponding services by service providers such as police, fire brigade and civil protection” is indefinite and overbroad because the field of use or purpose of the security services is unclear. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. This wording could also identify services in more than one International Class. For example, information about data security is in International Class 42 and information about building and personal security is in International Class 45.
Lastly, the wording “providing an on-line electronic database on global computer networks in the field of emergency response” is indefinite because the user or intended audience of these services is not specified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
In summary, applicant may adopt the following identification, if accurate:
International Class 42: providing security information related to data security emergencies; providing security information related to data security and the use of corresponding services by customers; providing security information related to data security and the provision of corresponding services by service providers such as police, fire brigade and civil protection
International Class 45: Security guard services in the nature of for the physical protection of tangible property and
individuals; providing consultation and information in the field of emergency response for communities; providing security information related to building and personal physical
security emergencies; providing security information related to building and personal physical security and the use of corresponding services by customers; providing security
information related to building and personal physical security and the provision of corresponding services by service providers such as police, fire brigade and civil
protection; monitoring of telephone calls from subscribers and providing information to emergency facilities, namely, notifying emergency responders when appropriate; monitoring telephone calls from
subscribers and notifying emergency responders when appropriate, namely, providing private information and communicating critical emergency information about subscribers to public safety agencies,
responding field units, and notifying designated persons identified by subscribers; providing an on-line electronic database on global computer networks in the field of emergency response for communities; processing of emergency and non- emergency calls, namely, monitoring telephone calls from subscribers and notifying emergency responders when appropriate; emergency
response alarm monitoring services, namely, monitoring of alert devices by a remote monitoring center for the dispatch of emergency public health and security services and notification to third
parties; providing information in the field of security regulatory compliance, namely, subscription based regulatory compliance service for providing security alarm companies with information,
namely, ordinances, policies and code requirements, that define legal requirements and actions for establishing and maintaining prescribed security practices within a specific jurisdiction;
information, consultancy and advisory services relating to all the aforesaid services
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least 2 classes; however, applicant submitted a fee(s) sufficient for only 1 class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Sections 1(b) and 44 multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Response guidelines. 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.
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the refusal(s) and/or requirement(s) in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
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
Sasha Rios
/Sasha Rios/
Trademark Examining Attorney
Law Office 125
P: (571)272-2616
Sasha.Rios@USPTO.GOV
RESPONSE GUIDANCE