Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  February 11, 2020

 

In a previous Office action dated October 25, 2019, the trademark examining attorney refused registration of the applied-for mark based on the following: Trademark Act Section 2(d) for a likelihood of confusion with registered marks, and the mark in the U.S. application differed from the mark in the foreign registration.  In addition, applicant was required to satisfy the following requirements:  amend the identification of goods and services, clarify the mark description, and provide information about the goods and services.  Applicant also was advised of the existence of several prior-filed applications and of the applicable multiple-class application requirements. 

 

Based on applicant’s response, the Section 2(d) refusal is withdrawn.  Moreover, the trademark examining attorney notes that no refusals will issue on the basis of the prior-filed applications.  See TMEP §§713.02, 714.04. 

 

The matching refusal has been obviated by applicant’s submission of a new copy of the foreign registration.  See TMEP §§713.02, 714.04.  Applicant also satisfied the request for information. 

 

Applicant also provided amendments to the identification of goods and services, and amended the mark description; however, both the identification and mark description have been further amended, as noted below.

 

Application has been amended as shown below.  As agreed to by Susan Neuberger Weller on February 10, 2020, the examining attorney has amended the application as shown below. 

 

IDENTIFICATION OF SERVICES AMENDED

 

The identification of services is amended to read as follows (replacing “and/or” with “and”): 

 

Class 42: Design and development of computer software; providing temporary use of on-line non-downloadable computer software for building and delivering visualizations, narrative and interaction on top of data, in particular from spreadsheets

 

See TMEP §§1402.01, 1402.01(e).

 

DESCRIPTION OF MARK AMENDED

 

The following description of the mark replaces the current description of record:

 

The mark consists of geometric figures consisting of a curved band that is purple on the left and gradually changes to blue on the right over a purple oval-like shape, with the stylized wording “GRID” in purple to the right side.

 

See 37 C.F.R. §§2.37, 2.72; TMEP §§808 et seq.

 

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).

 

 

 

Melissa S. Winter

/Melissa S. Winter/

Examining Attorney

Law Office 122

571-272-7913

Melissa.Winter@uspto.gov

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on February 11, 2020 for

U.S. Trademark Application Serial No. 88530235

 

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. 

 

Melissa S. Winter

/Melissa S. Winter/

Examining Attorney

Law Office 122

571-272-7913

Melissa.Winter@uspto.gov

 

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.”