Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

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

 

 

 

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:  January 14, 2020

 

The referenced application has been reviewed by the assigned trademark examining attorney. 

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).

 

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.

 

Summary of Issues

• Indefinite Identification of Services

 

Indefinite Identification of Services

The identification of services is indefinite and must be clarified because the nature of some of the services and how they are rendered is unclear, it is too broad and as worded may include services that belong in another international class.  See 37 C.F.R. §2.32(a)(6); TMEP §1402.01.  Applicant may adopt the following identification, if accurate:

 

 

Class 042:       Software as a service (SAAS) services featuring software providing a software button to indicate approval of a physical object; Software as a service (SAAS) services featuring software for maintaining a graph of objects for the purpose of curating physical goods and retail store services; Software as a service (SAAS) services featuring software for building a social network; Software as a service (SAAS) services featuring software for building a social network pertaining to retail store services featuring goods of others sold in brick and mortar stores; Software as a service (SAAS) services featuring software for posting commentary on retail store services featuring goods of others sold in brick and mortar stores; Software as a service (SAAS) services featuring software for the purchase of advertisements pertaining to retail store services featuring goods of others sold in brick and mortar stores; Software as a service (SAAS) services featuring software for mapping objects for the purpose of curating physical goods from retail store services and retail store services featuring the goods of others; Software as a service (SAAS) services featuring software for mapping objects for the purposes of building a social network relating to said objects; Software as a service (SAAS) services featuring software for mapping objects for the purposes of allowing users to post commentary on said objects; Software as a service (SAAS) services featuring software for mapping objects for the purposes of purchasing advertisements against said objects; Software as a service (SAAS) services featuring software for augmented reality used to curate physical goods from retail store services and retail store services featuring the goods of others; Software as a service (SAAS) services featuring software for augmented reality tools used for purchasing advertisements against retail store services featuring the goods of others sold in brick and mortar stores; Software as a service (SAAS) services featuring software for augmented reality tools for commenting on retail store services and goods sold in brick and mortar stores; Software as a service (SAAS) services featuring software for mapping objects for the purpose of curating physical goods from retail store services and retail store services featuring the goods of others and building a consumer social network pertaining to posting commentary on goods and purchasing advertisements against retail store services and the goods of others; Software as a service (SAAS) services featuring software for mapping objects for coordinating marketplace transactions in a retail stores, coordinating marketplace transactions between the retail stores and online retail stores, and for aggregating data from multiple users; Software as a service (SAAS) services featuring software for providing data that different software applications can use or interchange around an object for the purpose of curating physical goods of others from retail store services, for the purpose of building a social network pertaining to posting commentary and selling advertisements against retail store services and the goods of others; Software as a service (SAAS) services featuring software for augmented reality for the purpose of curating physical goods from retail store services and retail store services featuring the goods of others for the purpose of building a social network pertaining to posting commentary and selling advertisements against retail goods and services, coordinating marketplace consumer transactions in stores, coordinating marketplace transactions between retail stores and online retail stores, and for aggregating consumer data from multiple users

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

For assistance with identifying and classifying 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.    

 

 

Hines, Regina

/Regina C. Hines/

Law Office 114

571-272-9451

Regina.Hines@uspto.gov

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on January 14, 2020 for

U.S. Trademark Application Serial No. 88631192

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter that you must respond to by the specified deadline or your application will be abandoned.  Please follow the steps below.

 

(1)  Read the official letter.

 

(2)  Direct questions about the contents of the Office action to the assigned attorney below. 

 

 

Hines, Regina

/Regina C. Hines/

Law Office 114

571-272-9451

Regina.Hines@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).

 

(3)  Respond within 6 months (or earlier, if required in the Office action) from January 14, 2020, using the Trademark Electronic Application System (TEAS).  The response must be received by the USPTO before midnight Eastern Time of the last day of the response period.  See the Office action for more information about how to respond

 

 

 

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.”