NOTE TO THE FILE
SERIAL NUMBER: 88545573
DATE: 10/29/2019
NAME: khansrajh
NOTE:
Searched:
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Other:Checked:
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Surname
Translation
ID with ID/CLASS mailboxChecked list of approved Canadian attorneys and agents
Discussed file with
Attorney/Applicant via:
phone Left message with
X email Attorney/ApplicantRequested Law Library search X Issued Examiner’s Amendment
for: and entered changes in TRADEUPS (amend ID)PRINT DO NOT PRINT Added design code in TRADEUPS
Description of the mark
Translation statement Re-imaged standard character
drawing
Negative translation statement
Consent of living individual Contacted TM MADRID ID/CLASS
about misclassified definite ID
Changed TRADEUPS to:From: Dean Martin Hovey <dean@soundwell.io>
Sent: Monday, October 28, 2019 5:14 PM
To: Hansrajh, Keton <Keton.Hansrajh@USPTO.GOV>
Subject: Re: TRADEMARK APPLICATION SERIAL NO. 88545573 (JAMFLY); RESPONSE REQUIRED BY 10/30/19
Yes, please proceed. Thank you !
On Mon, Oct 28, 2019 at 2:11 PM Hansrajh, Keton <Keton.Hansrajh@uspto.gov> wrote:
Hi Dean,
Thank you for the additional information. Does this amended identification of goods sound okay?
Class 009: A Software Music Platform in the nature of downloadable software that
allowsrecognizes and analyzes songs in real time being played from a computer or streaming device in order to automatically assign correct key notes for play-alongs with any song in perfect keyautomatically and in real time
If so, I will go ahead and make the change, and issue the Examiner’s Amendment.
Thanks,
Keton Hansrajh
Trademark Examining Attorney
Law Office 128
U.S. Patent & Trademark Office
Phone: (571) 272-3396
From: Dean Martin Hovey <dean@soundwell.io>
Sent: Monday, October 28, 2019 4:43 PM
To: Hansrajh, Keton <Keton.Hansrajh@USPTO.GOV>
Subject: Re: TRADEMARK APPLICATION SERIAL NO. 88545573 (JAMFLY); RESPONSE REQUIRED BY 10/30/19
Hello,
It is brand new tech with 2 patents
The software is downloadable if it is to be used with a Smart Phone, Tablet or touch screen computer.
No software is needed if our Hardware controller is purchased - it lives on Device
Our patented software knows the key of any song being played from computer or streaming service
It automatically assigns the key correct notes over the touch surface
Everyone can now play correct notes and jam with their favorite song
:)
Thanks - Dean
On Wed, Oct 23, 2019 at 10:46 AM Hansrajh, Keton <Keton.Hansrajh@uspto.gov> wrote:
Dear Mr. Hovey,
I am the examining attorney assigned to the above-referenced application, and there is an issue with the identification of goods and/or services that must be resolved before I can likely move the application forward.
IDENTIFICATION OF GOODS AND/OR SERVICES
The wording is indefinite and must be clarified because it does not describe clearly the function of the software (i.e., what exactly is a play-along? How does the software enable play-alongs?), or whether it is downloadable or non-downloadable.
If my suggestions below are accurate, you can either pick the Class 009 or Class 042 option. However, if you want both, we will need an additional fee for the extra class because you only submitted a fee sufficient for one class.
The following amended identification of goods and/or services is suggested, if accurate, with changes highlighted in bold:
Class 009: A Software Music Platform in the nature of downloadable software that
allowscreates musical play-alongs with any song in perfect key automatically and in real time
Class 042:
A Software Music PlatformProviding temporary use of non-downloadable music software thatallowscreates musical play-alongs with any song in perfect key automatically and in real time
With your authorization to do so, I can add the amended identification via Examiner’s Amendment before moving the application along for publication review. Alternatively, if you would like additional time, I can also prepare a Priority Action that will detail the identification requirement.
Please let me know by WEDNESDAY, OCTOBER 30 if you have any questions or would like to discuss further, and which of the above options are acceptable. If I have not heard from you by then, I’ll move forward with an Office Action formalizing the above issue.
Best,
Keton Hansrajh
Trademark Examining Attorney
Law Office 128
U.S. Patent & Trademark Office
Phone: (571) 272-3396