To: | Groq, Inc. (trademarks@fenwick.com) |
Subject: | U.S. Trademark Application Serial No. 88588457 - TRUEPOINT - 34180-00070 |
Sent: | November 29, 2019 06:19:40 AM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88588457
Mark: TRUEPOINT
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Correspondence Address:
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Applicant: Groq, Inc.
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Reference/Docket No. 34180-00070
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 29, 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.
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
IDENTIFICATION AND CLASSIFICATION OF GOODS AND SERVICES
Generally, a trademark examining attorney will recommend language to replace unacceptable wording in identifications of goods and/or services. See TMEP §1402.01(e). However, in this case, the trademark examining attorney is unable to suggest alternative wording because the wording does not appear to describe any goods and/or services in the International Class specified in the application. See TMEP §1904.02(c)(iii). Applicant may respond by amending the highlighted wording to clarify the nature of the goods and/or services; however, any amendment to the identification must be within the scope of the wording in the initial application. See TMEP §§1402.01(c), 1402.07(a), 1904.02(c)(iii).
Specifically, “computer programs for processing mathematical data” is indefinite and requires further clarification as to the type of computer program for classification purposes. If the computer programs is downloadable or recorded, then it is classified in Class 9. If the computer programs are online and non-downloadable, then it is classified in Class 42.
In the recommendations below, the examining attorney sought to offer comprehensive proposals in instances where the identification of goods or recitations of services are definite. Applicant is not required to accept these proposals, but any further changes must be within the scope of the identifications set out in the application. Please see below for a more thorough discussion.
Additionally, where necessary, the examining attorney has indicated where applicant must supply additional information. In such cases, the wording is presented in bold print within brackets, for example, “Computer software for {specify the functions of the programs, e.g., use in database management, use as a spreadsheet, word processing, etc. and, if software is content – or field specific, the content or field of use}.” In such a case, applicant must supply the required information within the brackets and remove the brackets from the identification.
Accordingly, applicant may adopt any or all of the following identification, if accurate (changes in bold):
· CLASS 9: computer hardware for computing and performing mathematical and arithmetic calculations; computer hardware for computing and performing floating point calculations to enhance and improve the accuracy and performance of machine learning, artificial intelligence, deep learning, and linear algebra computing; downloadable computer software for computing and performing mathematical and arithmetic calculations; downloadable computer software for computing and performing floating point calculations to enhance and improve the accuracy and performance of machine learning, artificial intelligence, deep learning, and linear algebra computing; {specify type, e.g., downloadable} computer programs for processing mathematical data
· CLASS 35: compilation, exploitation in the nature of {specify common commercial name of services in this class} and analysis of mathematical data for business purposes; compilation, exploitation in the nature of {specify common commercial name of services in this class} and analysis of mathematical data from floating point calculations to enhance and improve the accuracy and performance of machine learning, artificial intelligence, deep learning, and linear algebra computing for business purposes
· CLASS 42: providing temporary use of online non-downloadable software for computing and performing mathematical and arithmetic calculations; providing temporary use of online non-downloadable software for computing and performing floating point calculations to enhance and improve the accuracy and performance of machine learning, artificial intelligence, deep learning, and linear algebra computing; providing temporary use of online non-downloadable software for processing mathematical data; technical consulting services in the field of mathematical and arithmetic computing; design, research and development of computer hardware; {specify type, e.g., providing temporary use of online non-downloadable} computer programs for processing mathematical data
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.
RESPONSE GUIDELINES & PARTIAL ABANDONMENT ADVISORY
For this application to proceed further, applicant must explicitly address each refusal and/or requirement raised in this Office action. If the action includes a refusal, applicant may provide arguments and/or evidence as to why the refusal should be withdrawn and the mark should register. Applicant may also have other options specified in this Office action for responding to a refusal and should consider such options carefully. To respond to requirements and certain refusal response options, applicant should set forth in writing the required changes or statements. For more information and general tips on responding to USPTO Office actions, response options, and how to file a response online, see “Responding to Office Actions” on the USPTO’s website.
If applicant does not respond to this Office action within six months of the issue/mailing date, the following goods/services will be deleted from the application:
- Class 9: computer programs for processing mathematical data
- Class 35: compilation, exploitation and analysis of mathematical data; compilation, exploitation and analysis of mathematical data from floating point calculations to enhance and improve the accuracy and performance of machine learning, artificial intelligence, deep learning, and linear algebra computing
See 37 C.F.R. §2.65(a); TMEP §718.02(a).
The application will then proceed with the following goods/services only:
- Class 9: computer hardware for computing and performing mathematical and arithmetic calculations; computer hardware for computing and performing floating point calculations to enhance and improve the accuracy and performance of machine learning, artificial intelligence, deep learning, and linear algebra computing; downloadable computer software for computing and performing mathematical and arithmetic calculations; downloadable computer software for computing and performing floating point calculations to enhance and improve the accuracy and performance of machine learning, artificial intelligence, deep learning, and linear algebra computing
- Class 42: providing temporary use of online non-downloadable software for computing and performing mathematical and arithmetic calculations; providing temporary use of online non-downloadable software for computing and performing floating point calculations to enhance and improve the accuracy and performance of machine learning, artificial intelligence, deep learning, and linear algebra computing; providing temporary use of online non-downloadable software for processing mathematical data; technical consulting services in the field of mathematical and arithmetic computing; design, research and development of computer hardware
See TMEP §718.02(a).
In such case, an applicant may timely file a petition to revive the abandoned goods/services, which, if granted, would allow for the reinsertion of these goods/services into the application. See 37 C.F.R. §2.66; TMEP §§718.02(a), 1714. The petition must be filed within two months of the date of issuance of the notice of abandonment and may be filed online via the Trademark Electronic Application System (TEAS) with a $100 fee. See 37 C.F.R. §§2.6(a)(15)(ii), 2.66(b)(1).
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.
/Philip Liu/
Trademark Examining Attorney
U.S. Patent and Trademark Office
Law Office 109
(571) 272 - 6792
Philip.Liu@uspto.gov
RESPONSE GUIDANCE