To: | Ava Labs, Inc. (derekwestberg@yahoo.com) |
Subject: | U.S. Trademark Application Serial No. 88638313 - AVALANCHE - AVA-00100 |
Sent: | January 13, 2020 11:29:02 AM |
Sent As: | ecom116@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. 88638313
Mark: AVALANCHE
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Correspondence Address:
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Applicant: Ava Labs, Inc.
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Reference/Docket No. AVA-00100
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: January 13, 2020
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 OF SERVICES
Applicant may substitute the following wording, if accurate:
International Class 9
Downloadable computer software for creating, managing and verifying cryptocurrency transactions; downloadable computer software for creating, managing and verifying cryptocurrency transactions using consensus protocols which are (explain what “consensus protocols” are); downloadable software for creating, exchanging and storing virtual currency; downloadable distributed application software for creating, executing and enforcing (replace “smart contracts” with an explanation of what is meant); downloadable software for securing, maintaining consistency and tamper-proofing data that represents digital currency and (replace “smart contracts” with an explanation of what is meant); downloadable software for creating, executing and enforcing (replace “smart contracts” with an explanation of what is meant); downloadable computer software, namely, an electronic financial platform that accommodates creation and management of virtual currency, (replace “smart contracts” with an explanation of what is meant), financial instruments and financial transactions; downloadable computer software, namely, an electronic financial platform that accommodates the creation and application of covenants, restrictions, and conditions to smart (replace “smart contracts” with an explanation of what is meant), financial instruments and financial transactions.
International Class 36
Cryptocurrency exchange services; cryptocurrency exchange services featuring consensus protocols which are (explain what “consensus protocols” are); providing secure payment options to members of an online community via a global computer network through the use of traditional currency and virtual currency, namely, financial transaction services being the providing of secure commercial transactions and payment options; virtual, digital and cryptocurrency monetary exchange services; electronic commerce payment services, namely, establishing funded accounts used to purchase goods and services on the Internet.
International Class 42
Providing temporary use of non-downloadable software for creating, managing and verifying cryptocurrency transactions; providing temporary use of non-downloadable software for creating, managing and verifying cryptocurrency transactions using consensus protocols which are (explain what “consensus protocols” are); providing on-line non-downloadable software for creating, exchanging and storing virtual currency; platform as a service (PAAS) featuring computer software platforms for creation and management of virtual currency, (replace “smart contracts” with an explanation of what is meant), financial instruments and financial transactions; providing temporary use of non-downloadable distributed application software for creating, executing and enforcing (replace “smart contracts” with an explanation of what is meant); providing temporary use of non-downloadable software for securing, maintaining consistency and tamper-proofing data that represents digital currency and (replace “smart contracts” with an explanation of what is meant); providing temporary use of non-downloadable software for creating, executing and enforcing (replace “smart contracts” with an explanation of what is meant); platform as a service (PAAS) featuring computer software platforms that accommodate the creation and application of covenants, restrictions, and conditions to (replace “smart contracts” with an explanation of what is meant), financial instruments and financial transactions; electronic storage of cryptocurrency coins or tokens for others, namely, electronic data storage.
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.
MULTIPLE-CLASS APPLICATION REQUIREMENTS
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). The application identifies goods and/or services that are classified in at least three classes; however, applicant submitted a fee(s) sufficient for only one class. Applicant must either submit the filing fees for the classes not covered by the submitted fees or restrict the application to the number of classes covered by the fees already paid.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(b) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
INFORMATION ABOUT GOODS/SERVICES REQUIRED
Factual information about the goods must clearly indicate how they operate, their salient features, and their prospective customers and channels of trade. Factual information about the services must clearly indicate what the services are and how they are rendered, their salient features, and their prospective customers and channels of trade. Conclusory statements will not satisfy this requirement for information.
Failure to comply with a request for information is grounds for refusing registration. In re Harley, 119 USPQ2d 1755, 1757-58 (TTAB 2016); TMEP §814. Merely stating that information about the goods and services is available on applicant’s website is an insufficient response and will not make the relevant information of record. See In re Planalytics, Inc., 70 USPQ2d 1453, 1457-58 (TTAB 2004).
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.
/John Dwyer/
Examining Attorney
Law Office 116
571-272-9155
John.Dwyer1@uspto.gov
RESPONSE GUIDANCE