To: | Enfant Terrible Design AB (trademarks@wardandsmith.com) |
Subject: | U.S. Trademark Application Serial No. 88740362 - CLOUDTOT - 151127-00590 |
Sent: | May 19, 2020 11:38:15 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88740362
Mark: CLOUDTOT
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Correspondence Address: |
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Applicant: Enfant Terrible Design AB
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Reference/Docket No. 151127-00590
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: May 19, 2020
The above referenced file was withdrawn from publication because the Commissioner’s Office has determined the following.
Identification of Goods
International Class 9
The wording "computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, software that allows caregivers to remotely control the aforementioned baby movement apparatus; computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, software that remotely collects, analyzes, and displays information concerning a baby, toddler, or young child that is resting in a baby bed, namely, movement, temperature, humidity, and noise inside the baby bed; computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, software that remotely alerts a caregiver to changes in movement, temperature, humidity, and noise inside a baby bed; computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, software that allows a caregiver to remotely control the playing of music, white noise, or other audio recordings inside a baby bed; computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, software that allows a caregiver to manually record, analyze, and display information concerning the feeding, diaper changes, medical history, growth, and development of a baby, toddler, or young child; computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, software that allows a caregiver to upload, post, show, display, share and transmit messages, comments, multimedia content, photos, pictures, images, text, information, and other content through email, text messaging, social networking websites, and any other medium of internet communication" is overbroad because it must specify whether the software is “downloadable" or "recorded.” Otherwise, the applicant must classified the goods in International Class 42 as a “software service.”
The applicant may amend as follows: “downloadable computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, downloadable software that allows caregivers to remotely control the aforementioned baby movement apparatus; downloadable computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, downloadable software that remotely collects, analyzes, and displays information concerning a baby, toddler, or young child that is resting in a baby bed, namely, movement, temperature, humidity, and noise inside the baby bed; downloadable computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, downloadable software that remotely alerts a caregiver to changes in movement, temperature, humidity, and noise inside a baby bed; downloadable computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, downloadable software that allows a caregiver to remotely control the playing of music, white noise, or other audio recordings inside a baby bed; downloadable computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, downloadable software that allows a caregiver to manually record, analyze, and display information concerning the feeding, diaper changes, medical history, growth, and development of a baby, toddler, or young child; downloadable computer application software for computers and mobile devices in the nature of mobile phones, portable media players, tablets, and handheld computers, namely, downloadable software that allows a caregiver to upload, post, show, display, share and transmit messages, comments, multimedia content, photos, pictures, images, text, information, and other content through email, text messaging, social networking websites, and any other medium of internet communication.”
In addition, the wording “component feature of a baby bed in the nature of an embedded scale which allows a caregiver wireless, remote access to monitor the weight of the occupant of the baby bed; component feature of a baby bed in the nature of embedded audio speakers which allows a caregiver wireless, remote access to monitor the noise and control the sound inside the baby bed; component feature of baby bed in the nature of electronic sensors for measuring the movement, temperature, humidity, and noise inside a baby bed” is misclassified incorrectly. Components sold as part of a finished product are classified in the class of the finished product. TMEP §1402.05(a). Since "Baby beds" are classified in International Class 20, the goods must be reclassified accordingly.
As noted previously, the wording “component feature of a baby bed in the nature of embedded software which allows a caregiver wireless, remote access to monitor status and operation of, set operation preferences for, and control features and functions of the baby bed” must specify whether the software is "downloadable" or "recorded." Otherwise, the applicant must classified the goods in International Class 42 as a "software service." In addition, if the software is sold as a feature of the finished baby bed, then the goods must be classified in International Class 20.
The wording “computer application software” in “baby monitoring systems comprised of all of the foregoing apparatuses, component features, and computer application software” must indicate the software format as indicated above. Additionally, the applicant must indicate or delete the wording “component features” to properly classify the goods.
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e). 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.
How to respond. Click to file a response to this nonfinal Office action.
/Stephanie Davis Ali/
Trademark Examining Attorney
Law Office 109
571-272-9272 (direct phone)
stephanie.ali@uspto.gov
RESPONSE GUIDANCE