To: | Tableau Software, Inc. (botrademarks@klgates.com) |
Subject: | U.S. Trademark Application Serial No. 88527503 - ASK DATA - 2070080.8 |
Sent: | November 25, 2019 05:41:51 AM |
Sent As: | ecom116@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88527503
Mark: ASK DATA
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Correspondence Address:
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Applicant: Tableau Software, Inc.
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Reference/Docket No. 2070080.8
Correspondence Email Address: |
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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: November 25, 2019
Upon further review, the applicant should note the following additional issue.
IDENTIFICATION OF GOODS AND/OR SERVICES
The wording “Computer software for data mining and data analysis” in Class 9 in the identification of goods is indefinite and also too broad, and must be clarified because it does not specify whether the software is “downloadable” and/or “recorded” in which case it is a Class 9 good, or whether it is “providing temporary use of online non-downloadable” in which case it is a Class 42 service. Please note, that the applicant already has “Providing temporary use of on-line non-downloadable software for data mining and data analysis,” in Class 42 for the same mark in Application Serial No. 88527512. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.
Applicant may adopt the following identification, if accurate:
International Class 9
Downloadable and recorded computer software for data mining and data analysis.
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.
TELEPHONE OR EMAIL RESPONSE ENCOURAGED
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.
/John Dwyer/
Examining Attorney
Law Office 116
571-272-9155
John.Dwyer1@uspto.gov
RESPONSE GUIDANCE