Examiners Amendment

United States Patent and Trademark Office (USPTO)

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

 

 

 

EXAMINER’S AMENDMENT

 

 

Issue date:  December 16, 2019

 

 

USPTO database searched; no conflicting marks found.  The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d).  15 U.S.C. §1052(d); TMEP §704.02.

 

Application has been amended as shown below.  As agreed to by Audrey Kwan on December 13, 2019, the examining attorney has amended the application as shown below.  Please notify the examining attorney immediately of any objections.  TMEP §707.  Otherwise, no response is required.  Id.  In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted.  37 C.F.R. §2.71(a).

 

 

The Class 9 identification of goods is amended to read as follows:

 

downloadable computer software for use in ordering, paying for and tracking delivery of goods; downloadable computer software for use in receiving, managing, tracking orders for delivery of goods

 

See TMEP §§1402.01, 1402.01(e).

 

      

/J. Brendan Regan/

Examining Attorney, Law Office 113

571-272-9212

brendan.regan@uspto.gov

 

 

 

 

 

 

From: Audrey Kwan <akwan@kwanip.com>
Sent: Friday, December 13, 2019 10:40 PM
To: Regan, Brendan <Brendan.Regan@USPTO.GOV>
Subject: RE: ™ App Ser Nos [88567439 and] 88567417 for [WELCOME TO AMERICA'S KITCHEN,] EVERY FLAVOR WELCOME

 

Yes, and thank you for your email. 

 

Audrey

 

 

 

Audrey Kwan

Kwan & Olynick LLP

2000 Hearst Ave, Ste 305, Berkeley, CA 94709   

direct: 510.459.8885  office: 510.900.9501 x705  fax: 408.228.3739  

email: akwan@kwanip.com  web: www.kwanip.com

linkedin: linkedin.com/in/audreykwan

 

NOTICE: This email message and any attachments are for the sole use of the intended recipient(s) and may contain confidential and/or legally privileged information. If you are not an intended recipient or his or her representative, you are hereby notified that any unauthorized review, use, disclosure or distribution is prohibited. If you have received this communication in error please immediately contact the sender by reply email and destroy all copies of the original message and attachments.

 

 

 

From: Regan, Brendan [mailto:Brendan.Regan@USPTO.GOV]
Sent: Friday, December 13, 2019 2:59 PM
To: Audrey Kwan
Cc: Regan, Brendan
Subject: RE: ™ App Ser Nos [88567439 and] 88567417 for [WELCOME TO AMERICA'S KITCHEN,] EVERY FLAVOR WELCOME

 

Thanks, all taken care of!

 

Would it be ok to do likewise in these two new apps?

88664477 (your DASHT030) DOORDASH ESSENTIALS

88696794 (your DASHT031) DASHMOD

 

 

From: Audrey Kwan <akwan@kwanip.com>
Sent: Friday, December 13, 2019 11:16 AM
To: Regan, Brendan <Brendan.Regan@USPTO.GOV>
Subject: RE: ™ App Ser Nos [88567439 and] 88567417 for [WELCOME TO AMERICA'S KITCHEN,] EVERY FLAVOR WELCOME

 

Downloadable would be fine for both instances.  Thanks.  Audrey

 

Avery Audrey Kwan

 

 

Audrey Kwan

Kwan & Olynick LLP

2000 Hearst Ave, Ste 305, Berkeley, CA 94709   

direct: 510.459.8885  office: 510.900.9501 x705  fax: 408.228.3739  

email: akwan@kwanip.com  web: www.kwanip.com

linkedin: linkedin.com/in/audreykwan

 

NOTICE: This email message and any attachments are for the sole use of the intended recipient(s) and may contain confidential and/or legally privileged information. If you are not an intended recipient or his or her representative, you are hereby notified that any unauthorized review, use, disclosure or distribution is prohibited. If you have received this communication in error please immediately contact the sender by reply email and destroy all copies of the original message and attachments.

 

 

 

From: Regan, Brendan [mailto:Brendan.Regan@USPTO.GOV]
Sent: Friday, December 13, 2019 6:33 AM
To: Audrey Kwan
Cc: Regan, Brendan
Subject: ™ App Ser Nos [88567439 and] 88567417 for [WELCOME TO AMERICA'S KITCHEN,] EVERY FLAVOR WELCOME

 

Hello,

 

I am the examining attorney assigned to the above-captioned new applications.  I can approve same for publication if you authorize me to enter an Examiner Amendment in each that clarifies the “software” portion of the identification of goods consistent with the new policy* that went into effect earlier this year:

[specify recorded or downloadable] computer software for use in ordering, paying for and tracking food delivery; [specify recorded or downloadable] computer software for use in receiving, managing, tracking orders for delivery of food

 

Thank you in advance for your response.   

 

/Brendan Regan/

USPTO Law Office 113

 

_________

* For applications filed after January 1, 2019, the identification must indicate whether the software is “recorded” or “downloadable” to remain in Class 9.

 

 

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on December 16, 2019 for

U.S. Trademark Application Serial No. 88664477

 

Your trademark application has been reviewed by a trademark examining attorney.  As part of that review, the assigned attorney has issued an official letter.  Please follow the steps below.

 

(1)  Read the official letter.  No response is necessary.

 

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

 

      

/J. Brendan Regan/

Examining Attorney, Law Office 113

571-272-9212

brendan.regan@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).

 

 

 

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.”