To: | AIRA TECH CORP. (tmadmin@Kilpatricktownsend.com) |
Subject: | U.S. Trademark Application Serial No. 88607708 - VISUAL INTERPRETER FOR THE BLIND - 1154140 |
Sent: | December 11, 2019 07:33:43 AM |
Sent As: | ecom106@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 Attachment - 6 Attachment - 7 Attachment - 8 Attachment - 9 Attachment - 10 Attachment - 11 Attachment - 12 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88607708
Mark: VISUAL INTERPRETER FOR THE BLIND
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Correspondence Address: KILPATRICK TOWNSEND & STOCKTON LLP |
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Applicant: AIRA TECH CORP.
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Reference/Docket No. 1154140
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: December 11, 2019
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.
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).
SECTION 2(e)(1) REFUSAL - MERELY DESCRIPTIVE
Only where the combination of descriptive terms creates a unitary mark with a unique, incongruous, or otherwise nondescriptive meaning in relation to the services is the combined mark registrable. See In re Colonial Stores, Inc., 394 F.2d 549, 551, 157 USPQ 382, 384 (C.C.P.A. 1968); In re Positec Grp. Ltd., 108 USPQ2d 1161, 1162-63 (TTAB 2013).
Here, the proposed mark is VISUAL INTERPRETER FOR THE BLIND for providing electronic transmission of information to persons who are blind and visually impaired via telecommunications and global networks through the use of computers and wearable computerized devices and software as a service (SAAS) services, namely, hosting software for use by others for use in providing the visually impaired with real-time support through wearable devices, computers and mobile telephones.
In this case, both the individual components and the composite result are descriptive of applicant’s services and do not create a unique, incongruous, or nondescriptive meaning in relation to the services. Specifically, the term INTERPRETER is defined as “one who gives or expounds an interpretation” and “a program that executes other programs.” Please see attached definitions from The American Heritage Dictionary. The term INTERPRETER is a term of art that is commonly used for someone who translate or relay the information for visual and hearing impaired. Please see Google search results. The wording VISUAL INTERPRETER is merely descriptive of a feature, function or use of applicant’s services for applicant’s agents to visually see user’s surrounding as indicated in the specimen of use. The wording FOR THE BLIND is merely descriptive of the intended or targeted users. The proposed mark VISUAL INTERPRETER FOR THE BLIND as a whole is merely descriptive of a purpose, function or feature of applicant’s information and software services.
Accordingly, registration is refused under Section 2(e)(1).
IDENTIFICATION OF SERVICES – International Class 42
The identification of services is indefinite and must be clarified. See TMEP §1402.01. The wording “software as a service services for use with a platform” is unclear. It is unclear whether applicant is featuring software or software platform. Applicant must clarify the nature of the services.
Applicant may adopt the following identification, if accurate:
INTERNATIONAL CLASS 042: Software as a service (SAAS) services, namely, hosting software for use by others for use in providing the visually impaired with real-time support through wearable devices, computers and mobile telephones.
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INTERNATIONAL CLASS 042: Platform as a service (PAAS) featuring computer software platforms for use in providing the visually impaired with real-time support through wearable devices, computers and mobile telephones.
Please note that the identification of services for International Class 38 has been accepted.
An applicant may amend an identification of services only to clarify or limit the services; adding to or broadening the scope of the 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 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.
Specimen Refused – Does Not Show Mark with International Class 38
Examples of specimens for services include advertising and marketing materials, brochures, photographs of business signage and billboards, and webpages that show the mark used in the actual sale, rendering, or advertising of the services. See TMEP §1301.04(a), (h)(iv)(C). Specimens comprising advertising and promotional materials must show a direct association between the mark and the services. TMEP §1301.04(f)(ii).
An application based on Trademark Act Section 1(a) must include a specimen showing the applied-for mark in use in commerce for each international class of goods and/or services identified in the application or amendment to allege use. 15 U.S.C. §1051(a)(1); 37 C.F.R. §§2.34(a)(1)(iv), 2.56(a); TMEP §§904, 904.07(a).
Applicant may respond to this refusal by satisfying one of the following for each applicable international class:
(1) Submit a different specimen (a verified “substitute” specimen) that (a) was in actual use in commerce at least as early as the filing date of the application or prior to the filing of an amendment to allege use and (b) shows the mark in actual use in commerce for the services identified in the application or amendment to allege use. A “verified substitute specimen” is a specimen that is accompanied by the following statement made in a signed affidavit or supported by a declaration under 37 C.F.R. §2.20: “The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application or prior to the filing of the amendment to allege use.” The substitute specimen cannot be accepted without this statement.
(2) Amend the filing basis to intent to use under Section 1(b), for which no specimen is required. This option will later necessitate additional fee(s) and filing requirements such as providing a specimen.
For an overview of both response options referenced above and instructions on how to satisfy either option online using the Trademark Electronic Application System (TEAS) form, please go to http://www.gov.uspto.report/trademarks/law/specimen.jsp.
How to respond. Click to file a response to this nonfinal Office action.
/Sally Shih/
Trademark Examining Attorney
Law Office 106
United States Patent & Trademark Office
sally.shih@uspto.gov
571-272-9712
RESPONSE GUIDANCE