To: | CSP, INC. (tmdocket@arentfox.com) |
Subject: | U.S. Trademark Application Serial No. 88728940 - ARIA - 318861.00012 |
Sent: | March 23, 2020 02:24:06 PM |
Sent As: | ecom125@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88728940
Mark: ARIA
|
|
Correspondence Address: 800 BOYLSTON STREET, 32ND FLOOR
|
|
Applicant: CSP, INC.
|
|
Reference/Docket No. 318861.00012
Correspondence Email Address: |
|
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: March 23, 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 USPTO DATABASE OF MARKS
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. However, a mark in a prior-filed pending application may present a bar to registration of applicant’s mark.
SUMMARY OF ISSUES:
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION OF GOODS
The wording “Computer software for network threat/breach detection, situational awareness, creation of behavioral analytics, network traffic analytics, deep packet inspection, application awareness, network traffic inspection, threat detection analytics and report creation, threat intelligence generation, cyber intelligence, and flow monitoring; computer and network security software for identifying, managing and resolving cyber security incidents, data breaches and malware; software for monitoring and improving the security of, and detecting, reporting, analyzing and protecting against cyber-attacks and threats directed at computers, computer systems, networks, computer and network hardware, cloud infrastructure, software applications, digital devices, digital data, and mobile devices; Recorded computer software for key management, authentication, and data storage, security, and encryption” in the identification of goods is indefinite and must be clarified because it does not state whether the software is downloadable, recorded, or online non-downloadable. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Applicant may substitute the following wording, if accurate: “Recorded computer software for network threat/breach detection, situational awareness, creation of behavioral analytics, network traffic analytics, deep packet inspection, application awareness, network traffic inspection, threat detection analytics and report creation, threat intelligence generation, cyber intelligence, and flow monitoring; Recorded computer and network security software for identifying, managing and resolving cyber security incidents, data breaches and malware; Recorded computer software for monitoring and improving the security of, and detecting, reporting, analyzing and protecting against cyber-attacks and threats directed at computers, computer systems, networks, computer and network hardware, cloud infrastructure, software applications, digital devices, digital data, and mobile devices; Recorded computer software for key management, authentication, and data storage, security, and encryption
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.
RESPONSE OPTIONS
The USPTO does not accept emails as responses to Office actions; however, emails can be used for informal communications and are included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
How to respond. Click to file a response to this nonfinal Office action.
/Justin Berlin/
Justin Berlin
Trademark Examining Attorney
Law Office 125
(571) 272-5544
justin.berlin@uspto.gov
RESPONSE GUIDANCE