To: | Nextiva, Inc. (slaureanti@spencerfane.com) |
Subject: | U.S. Trademark Application Serial No. 88703223 - NEXTIVA - 5029053-0103 |
Sent: | December 13, 2019 02:55:35 PM |
Sent As: | ecom101@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88703223
Mark: NEXTIVA
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Correspondence Address: 2415 E. CAMELBACK ROAD, SUITE 600
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Applicant: Nextiva, Inc.
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Reference/Docket No. 5029053-0103
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 13, 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.
Office Search
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 Goods and Services
Class 9: Digital telephones; Voice over internet protocol (VoIP) phone adapters; Computer software for providing unified communication services for use in connection with the transmission of emails, faxes, text messages, voice messages, video messages, conference calls, and VoIP calls over a computer network; Computer software programs for use in connection with electronic communications platforms, namely, data storage and real-time analytics software, organizational software, web management software, phone service software, internal communication software, user experience software, and customer resource management (CRM) software
Class 38: Providing electronic transmission of online user-based communication data via a unified electronic communication platform across global and local computer networks; providing transmission of emails, faxes, text messages, voice messages, video messages, and VoIP calls over a global computer network
Class 42: Cloud computing featuring software for use with unified electronic communication platforms for the purpose of supporting the transmission of emails, faxes, text messages, voice messages, video messages, conference calls, and VoIP calls over a computer network; Online computer services, namely, hosting and maintaining an online website for others for the purpose of providing real-time customer analytics and customer resource management data for computer-based communications platforms; Designing and hosting web-based non-downloadable software for use in the development of data storage software, organizational software, web management software, phone service software, internal communication software, user experience software, and CRM software; Design of unified communications services; designing non-downloadable software for use in the development of data storage systems for unified electronic communication platforms using cloud-based software technology
Multiple Class Applications
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class (for example, International Class 3: perfume; International Class 18: cosmetic bags sold empty).
(2) Submit a filing fee for each international class not covered by the fee(s) already paid (view the USPTO’s current fee schedule). Specifically, the application identifies goods and/or services based on use in commerce that are classified in at least three classes; however, applicant submitted a fee sufficient for only two classes. Applicant must either (a) submit the filing fees for the class not covered by the submitted fees or (b) restrict the application to the number of classes covered by the fees already paid.
(3) Submit verified dates of first use of the mark anywhere and in commerce for each international class. See more information about verified dates of use.
(4) Submit a specimen for each international class. The current specimens are acceptable for classes 9, 38 and 42. No additional specimens are required. See more information about specimens.
See 15 U.S.C. §§1051(a), 1112; 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(1), 2.86(a); TMEP §§904, 1403.01, 1403.02(c).
See an overview of the requirements for a Section 1(a) multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
Scope Advisory
Questions Regarding Office Action
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.
/Russ Herman/
Examining Attrorney
Law Office 101
(571)272-9172
russ.herman@uspto.gov
RESPONSE GUIDANCE