Examiners Amendment

SMILE

A Social Company

U.S. Trademark Application Serial No. 88517707 - SMILE - 135113-4001

To: A Social Company (bcoleman@perkinscoie.com)
Subject: U.S. Trademark Application Serial No. 88517707 - SMILE - 135113-4001
Sent: March 09, 2020 01:53:10 PM
Sent As: ecom103@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

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

 

U.S. Application Serial No. 88517707

 

Mark:  SMILE

 

 

        

 

Correspondence Address:  

       Brian R. Coleman

       PERKINS COIE LLP

       3150 PORTER DRIVE

       PALO ALTO CA 94304

       

 

 

 

 

 

Applicant:  A Social Company

 

 

 

Reference/Docket No. 135113-4001

 

Correspondence Email Address: 

       bcoleman@perkinscoie.com

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  March 09, 2020

 

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Application has been amended as shown below.  As agreed to by Brian Coleman on 3/9/20, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

The identification of goods and services is amended to read as follows: 

 

09: Downloadable software, namely, instant messaging software, file sharing software, communications software for electronically exchanging data, audio, video images and graphics via computer, mobile, wireless, and communication networks; Downloadable computer software for processing images, graphics, audio, video, and text; Downloadable software in the nature of a messaging application; downloadable computer software for use in facilitating voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, instant message and online social networking services; Downloadable software in the nature of a mobile application for messaging; Downloadable computer software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, commenting on and sharing or otherwise providing electronic media or information via computer and communication networks; Downloadable software for communication to maintain and strengthen relationships; Downloadable software for sending and receiving electronic messages, graphics, images, audio and audio visual content via global communication networks; Downloadable computer database management software for use in personalizing the content of e-mail communications; downloadable digital stationary software; downloadable software for capturing user reactions to messaging

 

38: Telecommunication services, namely, data transmission and reception services via telecommunication networks; Telecommunications services, namely, personal communication services; Electronic exchange of voice, data, audio, video, text and graphics accessible via computer and telecommunications networks; Instant messaging services; communication services by mobile phones; Voice over internet protocol (VOIP) services; Audio teleconferencing; Teleconferencing services; Video teleconferencing; Web messaging; Peer-to- peer photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among users; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and information; Providing online chat rooms, instant messaging services, and online electronic bulletin boards for transmission of messages among users in the field of social networking; Providing access to computer databases in the field of social networking; Providing online forums for communication on topics of general interest with the intent to maintain and strengthen relationships; Providing online forums for communication for maintaining and strengthening relationships; Providing online communications links that transfer the website user on a mobile device or the Internet to other local and global online locations

 

42: Providing online, non-downloadable computer software for use in facilitating voice over internet protocol (VOIP) calls, phone calls, video calls, text messages, instant message and online social networking services; Providing online, non-downloadable computer software for creating, editing, uploading, downloading, accessing, viewing, posting, displaying, commenting on and sharing or otherwise providing electronic media or information via computer and communication networks; Providing online, non- downloadable computer software for communication to maintain and strengthen relationships; Software for sending and receiving electronic messages, graphics, images, audio and audio visual content via global communication networks; Providing online, non- downloadable digital stationary software; Providing online, non-downloadable computer software for capturing user reactions to messaging; Platform as a service (PAAS) featuring computer software platforms for facilitating messaging and communications adhering to a social contract of predefined tenor and content; Providing temporary use of online non-downloadable software and applications for instant messaging, voiceover internet protocol (VOIP), video conferencing, and audioconferencing; Computer services, namely, creating an online community for registered users to engage in social networking and communicate with friends and family; Computer services, namely, creating an on-line community for registered users to form virtual communities to participate in discussions, get feedback from their peers, friends and family and to engage in positive conversation with peers, friends and family; Computer services, namely, providing on-line facilities for real-time interaction with others for the purpose of organizing and conducting discussions via communication networks; Application service provider(ASP) featuring software to enable or facilitate the creating, editing, uploading, downloading, accessing, viewing, posting, displaying, and sharing or otherwise providing electronic media or information via computer and communication networks; Providing temporary use of non- downloadable software applications for social networking, creating a positive virtual community, and transmission of audio, video, photographic images, text, graphics and data; computer technology services, namely, providing temporary use of non- downloadable software to verify and authenticate an individuals identity; Application service provider, namely, hosting, managing, developing, and maintaining applications, software, and websites in the fields of wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; Development, updating and maintenance of software and database systems in the fields of wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; providing online, non-downloadable software for sending and receiving electronic messages, graphics, images, audio and audio visual content via global communication networks; providing online, non-downloadable software for capturing user reactions to messaging

 

45: no change

 

See TMEP §§1402.01, 1402.01(e).

 

 

 

 

/Cassondra Anderson/

Examining Attorney

Law Office 103

Cassondra.Anderson@uspto.gov

(571) 272-5595

 

 

U.S. Trademark Application Serial No. 88517707 - SMILE - 135113-4001

To: A Social Company (bcoleman@perkinscoie.com)
Subject: U.S. Trademark Application Serial No. 88517707 - SMILE - 135113-4001
Sent: March 09, 2020 01:53:11 PM
Sent As: ecom103@uspto.gov
Attachments:

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 09, 2020 for

U.S. Trademark Application Serial No. 88517707

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

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

 

/Cassondra Anderson/

Examining Attorney

Law Office 103

Cassondra.Anderson@uspto.gov

(571) 272-5595

 

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).

 

 

 

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.”

 

 


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