To: | Google LLC (tmdocketing@google.com) |
Subject: | U.S. Trademark Application Serial No. 88588366 - ANDROID - N/A |
Sent: | November 30, 2019 02:34:46 PM |
Sent As: | ecom119@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88588366
Mark: ANDROID
|
|
Correspondence Address:
|
|
Applicant: Google LLC
|
|
Reference/Docket No. N/A
Correspondence Email Address: |
|
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 30, 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.
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATIONS REQUIRE AMENDMENT
The identifications of goods and services are unacceptable because certain goods/services are indefinitely worded. See TMEP §§1402.01, 1402.03.
Applicant may change the wording to the following, if accurate [please note that the current unacceptable entries appear italicized and suggested wording the applicant must provide appears in bold]:
Class 9: Mobile phones; downloadable operating system software; downloadable software for use in developing, executing, and running other software on mobile devices, computers, computer networks, and global communication networks; downloadable computer software development tools; downloadable software for use in transmitting and receiving data over computer networks and global communication networks; downloadable software for managing communications and data exchange among and between mobile devices and desktop computers; downloadable computer middleware, namely, software that mediates between the operating system of a mobile device and the application software of a mobile device; downloadable computer application software for mobile phones, namely, downloadable software development tools for the creation of mobile software applications.
Class 38: Telecommunications services, namely, [specify the telecommunications services provided, e.g., personal communication services, ISDN services]; transmission of data by global computer network; streaming of audio, visual and audiovisual material via a global computer network.
Class 42: Application service provider featuring application programming interface (API) software for the design, development, and testing of mobile software applications; application service provider featuring software for the design, development, and testing of mobile software applications; Software as a Service (SaaS) services featuring software for use in designing, developing and testing mobile software applications; Software as a Service (SaaS) services featuring compiler programs, debugger programs, and utility programs for creating mobile software applications; application service provider, namely, hosting computer software applications of others.
TMEP §1402.01.
PLEASE NOTE: An applicant may amend an identification of goods and services only to clarify or limit the goods and services; adding to or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); see TMEP §§1402.06 et seq., 1402.07 et seq.
For assistance with identifying goods and/or services in trademark applications, please see the online searchable Manual of Acceptable Identifications of Goods and Services at http://tess2.gov.uspto.report/netahtml/tidm.html.
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.
/Ronald L. Fairbanks/
Ronald L. Fairbanks
Examining Attorney
Law Office 119
571-272-9405
ron.fairbanks@uspto.gov
RESPONSE GUIDANCE